State v. Newman, 22 Fla. Supp. 2d 148

State v. Newman

22 Fla. Supp. 2d 148

| Fla. Cir. Ct. | 1987

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OPINION OF THE COURT

PER CURIAM.

The granting of the Defendant’s Motion to Dismiss was error. Florida Rule of Criminal Procedure 3.190(d) provides:

“A motion to dismiss under paragraph (c)(4) of this rule shall be *149denied if the State files a traverse which with specificity denied under oath the material fact or facts alleged in the motion to dismiss.”

See State v. Lewis, 463 So.2d 561 (Fla. 2d DCA 1985).

Reversed.