STATE v. WAGNER

No. 1D09-4061.

34 So.3d 194 (2010)

STATE of Florida, Appellant, v. Brionna Ieasha WAGNER, Appellee.

District Court of Appeal of Florida, First District.

May 6, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellee.


PER CURIAM.

The State appeals the trial court's grant of the defendant's motion to dismiss. The State filed a traverse. Because the traverse creates a dispute as to the material facts of the case, we reverse.

The defendant was charged by information with one count of aggravated assault with a firearm. She filed a sworn motion to dismiss, asserting that the material facts did not establish a prima facie case of guilt. She alleged that she fired a gun...

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