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804 So. 2d 618

State v. Roederer

District Court of Appeal of Florida

Decided January 23, 2002

District Court of Appeal of Florida · decided 2002-01-23

Relies on 758 So. 2d 110 - State v. Kalogeropolous · 761 So. 2d 1252 - State v. Figuereo

Decided 2002-01-23

PER CURIAM.

¶1We 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.

¶2Reversed and remanded.

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