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STATE v. JONES

No. 87-829.

528 So.2d 126 (1988)

The STATE of Florida, Appellant, v. Alfred JONES, Jr., Appellee.

District Court of Appeal of Florida, Third District.

July 19, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellee.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Before HUBBART, BASKIN and FERGUSON, JJ.

PER CURIAM.

The State of Florida contends that the trial judge erred in granting appellee Jones' sworn motion to dismiss the charge of manslaughter by operating a motor vehicle while intoxicated. We agree and reverse.

The state had filed a traverse specifically denying material facts alleged in the motion to dismiss. Even though, for the purposes of the motion to dismiss the defendant adopted the facts stated in the traverse, Florida Rule of Criminal Procedure...

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