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STATE v. PUENTES

No. 85-433.

478 So.2d 527 (1985)

The STATE of Florida, Appellant, v. Jesus PUENTES, Appellee.

District Court of Appeal of Florida, Third District.

November 26, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Renee Ruska Pelzman, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robin H. Greene, Asst. Public Defender, for appellee.

Before HENDRY, HUBBART and FERGUSON, JJ.

PER CURIAM.

Defendant confesses that dismissal of an information on his sworn motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), after the State had filed a traverse to the material factual allegations, was erroneous. See State v. McQuay, 403 So.2d 566 (Fla. 3d DCA 1981).

Reversed...

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