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STATE v. KEITH

No. 98-2796.

733 So.2d 1162 (1999)

The STATE of Florida, Appellant, v. Hugh KEITH, Appellee.

District Court of Appeal of Florida, Third District.

June 30, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Wendy Benner-León and Keith Kromash, Assistant Attorneys General, for appellant.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellee.

Before GERSTEN, GODERICH, and FLETCHER, JJ.

PER CURIAM.

Because the defendant's motion to dismiss was met with a traverse filed by the State that specifically denied material facts that were alleged in the motion, we find that the trial court erred by granting the motion to dismiss. See Boler v. State, 678 So.2d 319 (Fla.1996); State v. Aylesworth, 666 So.2d 181 (Fla. 2d DCA 1995).

Further, the defendant has properly...

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