State v. Baro

Full title: STATE OF FLORIDA, APPELLANT, v. HECTOR BARO, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 3, 1983

435 So. 2d 408 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-2654.

August 3, 1983.

Appeal from the Circuit Court, Palm Beach County, R. William Rutter, Jr., J.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellee.

PER CURIAM.

Reversed. We believe the appellee's motion to dismiss and the state's traverse thereto raise an issue of material fact as to appellee's participation in the burglary that formed the basis of the charges against the appellee. Cf. State v. Davis, 243 So.2d 587 (Fla. 1971).

ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.