Opinion
No. 82-475.
November 17, 1982. Rehearing Denied January 19, 1983.
Appeal from Circuit Court, Broward County; H. Mark Purdy, Judge.
Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellant.
Jane D. Fishman of Kay Silber, P.A., Fort Lauderdale, for appellee.
Our review of the defendant's motion to dismiss together with the state's traverse leads us to conclude that there are material disputed facts which, if resolved in the state's favor, would establish a prima facie case of guilt against the defendant. Accordingly, we hold that the trial court erred by dismissing the information in this case. See State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981).
REVERSED and REMANDED.
ANSTEAD, BERANEK and HURLEY, JJ., concur.