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STATE v. BOOM

No. 85-1350.

490 So.2d 1370 (1986)

STATE of Florida, Appellant, v. John Henry BOOM, Appellee.

District Court of Appeal of Florida, Second District.

July 11, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellant.

William L. Blackwell of Blackwell & Beal, P.A., Naples, for appellee.

RYDER, Judge.

The state appeals a trial court order which granted appellee's motion to dismiss an information. We reverse.

The fact that the state filed a sworn traverse which disputed the material facts was enough to require the trial court to deny appellee's motion to dismiss. State v. Dixon, 450 So.2d 1280 (Fla. 2d DCA 1984); State v. Cook, 354 So.2d 909 (Fla. 2d DCA)...

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