STATE v. RENDINA

No. 93-3309.

641 So.2d 194 (1994)

STATE of Florida, Appellant, v. Richard RENDINA, Appellee.

District Court of Appeal of Florida, Fourth District.

August 24, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Fred Haddad, Fort Lauderdale, for appellee.


KLEIN, Judge.

The state appeals from an order dismissing a charge against Richard Rendina for conspiracy to traffic in cocaine. We reverse because the state filed a traverse, in response to the defendant's motion to dismiss, which raised factual issues and thus precluded dismissal. Rule 3.190(d), Fla.R.Crim.P.; State v. Lambert, 445 So.2d 1106 (Fla. 4th DCA 1984).

REVERSED AND REMANDED.

ANSTEAD, J., and MICKLE...

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