Opinion
No. 4-86-2986.
September 9, 1987.
Appeal from the Circuit Court for Broward County; John G. Ferris, Judge.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellant.
Stephen N. Rosenthal, Miami, for appellee.
We reverse the order of dismissal entered by the trial court and remand for further proceedings. We agree with the state that there is evidence of appellee's guilt in the record sufficient to create an issue of fact.
HERSEY, C.J., DOWNEY and ANSTEAD, JJ., concur.