State v. Puentes

Full title: THE STATE OF FLORIDA, APPELLANT, v. JESUS PUENTES, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 26, 1985

478 So. 2d 527 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-433.

November 26, 1985.

Appeal from the Circuit Court for Dade County; Amy S. Donner, Judge.

Jim Smith, Atty. Gen., and Renee Ruska Pelzman, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robin H. Greene, Asst. Public Defender, for appellee.

Before HENDRY, HUBBART and FERGUSON, JJ.

PER CURIAM.

Defendant confesses that dismissal of an information on his sworn motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), after the State had filed a traverse to the material factual allegations, was erroneous. See State v. McQuay, 403 So.2d 566 (Fla. 3d DCA 1981).

Reversed and remanded.