STATE v. TAYLOR

No. 5D08-2047.

16 So.3d 997 (2009)

STATE of Florida, Appellant, v. Ashler Rishaud TAYLOR, Appellee.

District Court of Appeal of Florida, Fifth District.

August 28, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellee.


MONACO, C.J.

The sole issue presented to us by this appeal is whether the trial court erred in dismissing the information against the defendant/appellee, Ashler Rishaud Taylor. The State argues that its traverse specifically disputed the material facts asserted in Mr. Taylor's motion to dismiss and was, therefore, legally sufficient to withstand the motion. We agree and reverse.

Motions to dismiss in the criminal law context are governed in Florida by Florida...

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