State v. Roederer

Full title: THE STATE OF FLORIDA, Appellant, v. RICHARD ROEDERER, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 23, 2002

804 So. 2d 618 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-502

Opinion filed January 23, 2002.

An Appeal from the Circuit Court for Miami-Dade County, Stanford Blake, Judge. Lower Tribunal No. 98-6739.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia (Ft. Lauderdale), Assistant Attorney General, for appellant.

Robbins, Tunkey, Ross, Amsel, Raben, Waxman Eiglarsh, and Benjamin Waxman, Miami, for appellee.

Before JORGENSON, LEVY and SHEVIN, JJ.

PER CURIAM.

We reverse the order dismissing the charges against defendant. The record reflects that the state filed traverses disputing material facts alleged by defendant in his sworn dismissal motion, and adding additional material facts. Under these circumstances, denial of the dismissal motion is mandatory. See State v. Kalogeropolous, 758 So.2d 110 (Fla. 2000);State v. Figuereo, 761 So.2d 1252 (Fla. 3d DCA 2000) (trial court maynot decide issues of material fact; such issues — including entrapment — should be left for determination at trial). Accordingly, the cause is remanded with directions to reinstate the prosecution.

Reversed and remanded.