Florida District Courts of Appeal, 1994

State v. Rendina

Florida District Courts of Appeal · Decided August 24, 1994 · Anstead, Klein, Mickle, Stephan

641 So. 2d 194; 1994 Fla. App. LEXIS 8385; 1994 WL 457159 (Southern Reporter, Second Series)

Opinion of the Court

KLEIN, Judge.

The state appeals from an order dismissing a charge against Richard Rendina for conspiracy to traffic in cocaine. We reverse because the state filed a traverse, in response to the defendant’s motion to dismiss, which raised factual issues and thus precluded dismissal. Rule 3.190(d), Fla.R.Crim.P.; State v. Lambert, 445 So.2d 1106 (Fla. 4th DCA 1984).

REVERSED AND REMANDED.

ANSTEAD, J., and MICKLE, STEPHAN P., Associate Judge, concur.

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