Public-domain · open source
OpenJurist

490 So. 2d 1373

490 So.2d 1373

11 Fla.L.Weekly 1550

State v. Sanchez

District Court of Appeal of Florida · decided 1986-07-15

Relies on State v. Pentecost · 463 So. 2d 1252 - State v. Fuller · 373 So. 2d 708 - State v. Bryant

Decided 1986-07-15

PER CURIAM.

¶1Defendant 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.

¶2Reversed and remanded.

/490/so2d/1373 · .json · Public domain