Florida District Courts of Appeal, 1990

State v. Larson

State v. Larson
Florida District Courts of Appeal · Decided May 23, 1990 · Gunther, Hersey, Polen
561 So. 2d 33; 1990 Fla. App. LEXIS 3660; 1990 WL 67301 (Southern Reporter, Second Series)

State v. Larson

Opinion of the Court

PER CURIAM.

The state having filed a traverse to ap-pellee’s motion to dismiss made pursuant to rule 3.190(c)(4), Florida Rules of Criminal Procedure, which denies material aspects of appellee’s hypothesis of innocence, we reverse the order dismissing Count I of the indictment and remand for trial. State v. Hargrove, 552 So.2d 281 (Fla. 4th DCA 1989). See also State v. Hunwick, 446 So.2d 214 (Fla. 4th DCA 1984).

REVERSED and REMANDED.

HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.

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