State v. Rendina

District Court of Appeal of Florida

State v. Rendina

641 So. 2d 194, 1994 Fla. App. LEXIS 8385, 1994 WL 457159

District Court of Appeal of Florida·Decided August 24, 1994·No. No. 93-3309·Published

Opinion

KLEIN, Judge.

The state appeals from an order dismissing a charge against Richard Rendina for conspiracy to traffic in cocaine. We reverse because the state filed a traverse, in response to the defendant’s motion to dismiss, which raised factual issues and thus precluded dismissal. Rule 3.190(d), Fla.R.Crim.P.; State v. Lambert, 445 So.2d 1106 (Fla. 4th DCA 1984).

REVERSED AND REMANDED.

ANSTEAD, J., and MICKLE, STEPHAN P., Associate Judge, concur.

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KLEIN, Judge.

The state appeals from an order dismissing a charge against Richard Rendina for conspiracy to traffic in cocaine. We reverse because the state filed a traverse, in response to the defendant’s motion to dismiss, which raised factual issues and thus precluded dismissal. Rule 3.190(d), Fla.R.Crim.P.; State v. Lambert, 445 So.2d 1106 (Fla. 4th DCA 1984).

REVERSED AND REMANDED.

ANSTEAD, J., and MICKLE, STEPHAN P., Associate Judge, concur.

State v. Rendina, 641 So. 2d 194, 1994 Fla. App. LEXIS 8385, 1994 WL 457159 (Fla. Ct. App. 1994).

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Opinion

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