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641 So. 2d 194

State v. Rendina

District Court of Appeal of Florida

Decided August 24, 1994

District Court of Appeal of Florida · decided 1994-08-24

Relies on 445 So. 2d 1106 - State v. Lambert

Decided 1994-08-24

KLEIN, Judge.

¶1The 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).

¶2REVERSED AND REMANDED.

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