Florida District Courts of Appeal, 2002

State v. Roederer

Florida District Courts of Appeal · Decided January 23, 2002 · Jorgenson, Levy, Shevin

804 So. 2d 618; 2002 Fla. App. LEXIS 423; 2002 WL 83094 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Terma (Fla. Dist. Ct. App. 2008)
Mitchell v. Fla. Unemployment Appeals Comm'n (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the order dismissing the charges against defendant. The record reflects that the state filed traverses disputing material facts alleged by defendant in his sworn dismissal motion, and adding additional material facts. Under these circumstances, denial of the dismissal motion is mandatory. See State v. Kalogeropolous, 758 So.2d 110 (Fla. 2000); State v. Figuereo, 761 So.2d 1252 (Fla. 3d DCA 2000)(trial court may not decide issues of material fact; such issues-including entrapment-should be left for determination at trial). Accordingly, the cause is remanded with directions to reinstate the prosecution.

Reversed and remanded.

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