State v. Sanchez

District Court of Appeal of Florida

State v. Sanchez

490 So. 2d 1373, 11 Fla. L. Weekly 1550, 1986 Fla. App. LEXIS 8864

District Court of Appeal of Florida·Decided July 15, 1986·No. No. 85-2592·Published

Opinion

PER CURIAM.

Defendant Sanchez filed a Sworn Motion to Dismiss an information charging him with sexual battery. Pursuant to Florida Rule of Criminal Procedure 3.190(d), the state filed a traverse. The trial court granted defendant’s motion, and the state appeals. We find that disputed issues of fact concerning the existence of a bona fide medical purpose require resolution by the finder of fact. See State v. Fuller, 463 So.2d 1252 (Fla. 5th DCA 1985); State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981); State v. Bryant, 373 So.2d 708 (Fla. 3d DCA 1979); State v. Hires, 372 So.2d 183 (Fla. 2d DCA 1979). The order is therefore reversed, and the cause is remanded for further proceedings.

Reversed and remanded.

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PER CURIAM.

Defendant Sanchez filed a Sworn Motion to Dismiss an information charging him with sexual battery. Pursuant to Florida Rule of Criminal Procedure 3.190(d), the state filed a traverse. The trial court granted defendant’s motion, and the state appeals. We find that disputed issues of fact concerning the existence of a bona fide medical purpose require resolution by the finder of fact. See State v. Fuller, 463 So.2d 1252 (Fla. 5th DCA 1985); State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981); State v. Bryant, 373 So.2d 708 (Fla. 3d DCA 1979); State v. Hires, 372 So.2d 183 (Fla. 2d DCA 1979). The order is therefore reversed, and the cause is remanded for further proceedings.

Reversed and remanded.

State v. Sanchez, 490 So. 2d 1373, 11 Fla. L. Weekly 1550, 1986 Fla. App. LEXIS 8864 (Fla. Ct. App. 1986).

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Opinion

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