State v. Ludwig

District Court of Appeal of Florida

State v. Ludwig

423 So. 2d 932, 1982 Fla. App. LEXIS 22349

CourtDistrict Court of Appeal of Florida

DecidedNovember 17, 1982

DocketNo. 82-475

StatusPublished

This text of 423 So. 2d 932 (State v. Ludwig) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Ludwig, 423 So. 2d 932, 1982 Fla. App. LEXIS 22349 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Our review of the defendant’s motion to dismiss together with the state’s traverse leads us to conclude that there are material disputed facts which, if resolved in the state’s favor, would establish a prima facie case of guilt against the defendant. Accordingly, we hold that the trial court erred by dismissing the information in this case. See State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981).

REVERSED and REMANDED.

ANSTEAD, BERANEK and HURLEY, JJ., concur.

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PER CURIAM.

Our review of the defendant’s motion to dismiss together with the state’s traverse leads us to conclude that there are material disputed facts which, if resolved in the state’s favor, would establish a prima facie case of guilt against the defendant. Accordingly, we hold that the trial court erred by dismissing the information in this case. See State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981).

REVERSED and REMANDED.

ANSTEAD, BERANEK and HURLEY, JJ., concur.

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423 So. 2d 932, 1982 Fla. App. LEXIS 22349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ludwig-fladistctapp-1982.

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