State v. Keith

Full title: THE STATE OF FLORIDA, Appellant, v. HUGH KEITH, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 30, 1999

733 So. 2d 1162 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2796

Opinion filed June 30, 1999.

An Appeal from the Circuit Court for Dade County, Leon M. Firtel, Judge, L.T. No. 97-40687.

Robert A. Butterworth, Attorney General, Wendy Benner-Le"n and Keith Kromash, Assistant Attorneys General, for appellant.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellee.

Before GERSTEN, GODERICH, and FLETCHER, JJ.

PER CURIAM.

Because the defendant's motion to dismiss was met with a traverse filed by the State that specifically denied material facts that were alleged in the motion, we find that the trial court erred by granting the motion to dismiss. See Boler v. State, 678 So.2d 319 (Fla. 1996); State v. Aylesworth, 666 So.2d 181 (Fla. 2d DCA 1995).

Further, the defendant has properly conceded that the trial court erred by requiring the State to elect between either the organized fraud count or the grand theft counts. State v. Keith, 24 Fla. L. Weekly D987 (Fla. 3d DCA Apr. 21, 1999).

The order granting the defendant's motion to dismiss is reversed, and the case is remand for further proceedings consistent with this opinion.