State v. Ceresne

Full title: STATE OF FLORIDA, APPELLANT, v. KENNETH H. CERESNE, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 4, 1989

535 So. 2d 360 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-0033.

January 4, 1989.

Appeal from the Circuit Court for Broward County; Mark E. Polen, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellant.

John P. Shevock, C. Edward McGee, Jr., and Dykema Gossett, Fort Lauderdale, for appellee.

PER CURIAM.

We reverse the trial court's order of dismissal because we find, in view of the state's traverse, an issue of fact exists on the counts dismissed by the trial court. See State v. Oberholtzer, 411 So.2d 376 (Fla. 4th DCA), rev. denied, 419 So.2d 1199 (Fla. 1982); State v. Booker, 529 So.2d 1239 (Fla. 1st DCA 1988).

ANSTEAD, LETTS and GUNTHER, JJ., concur.