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State v. Roederer

804 So. 2d 618, 2002 Fla. App. LEXIS 423, 2002 WL 83094
CourtDistrict Court of Appeal of Florida
DecidedJanuary 23, 2002
DocketNo. 3D01-502
StatusPublished
Cited by2 cases

This text of 804 So. 2d 618 (State v. Roederer) 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.

Bluebook
State v. Roederer, 804 So. 2d 618, 2002 Fla. App. LEXIS 423, 2002 WL 83094 (Fla. Ct. App. 2002).

Opinion

PER CURIAM.

We reverse the order dismissing the charges against defendant. The record reflects that the state filed traverses disputing material facts alleged by defendant in his sworn dismissal motion, and adding additional material facts. Under these circumstances, denial of the dismissal motion is mandatory. See State v. Kalogeropolous, 758 So.2d 110 (Fla.2000); State v. Figuereo, 761 So.2d 1252 (Fla. 3d DCA 2000)(trial court may not decide issues of material fact; such issues-including entrapment-should be left for determination at trial). Accordingly, the cause is remanded with directions to reinstate the prosecution.

Reversed and remanded.

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Related

State v. Terma
997 So. 2d 1174 (District Court of Appeal of Florida, 2008)
Mitchell v. Fla. Unemployment Appeals Comm'n
804 So. 2d 618 (District Court of Appeal of Florida, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
804 So. 2d 618, 2002 Fla. App. LEXIS 423, 2002 WL 83094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roederer-fladistctapp-2002.