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STATE v. BLANCO

No. 82-1756.

432 So.2d 633 (1983)

STATE of Florida, Appellant, v. Jesus BLANCO, Lazaro Estevez and Angel Estevez Quintero, Appellees.

District Court of Appeal of Florida, Third District.

May 31, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellant.

Emilio de la Cal, Miami and Nathaniel L. Barone, Jr., South Miami, for appellees.

Before HENDRY, HUBBART and JORGENSON, JJ.

PER CURIAM.

The final order dismissing the information in this cause under Fla.R.Crim.P. 3.190(c)(4) is reversed and the cause is remanded for further proceedings. Our review of the record indicates that the state filed a traverse to the defendants' sworn motions to dismiss under Fla.R.Crim.P. 3.190(c)(4) wherein the state averred at the outset:

"The State specifically denies that the material facts as presented in the Defendant's Sworn Motion to Dismiss...

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