No. 88-2813.District Court of Appeal of Florida, Fourth District.
May 23, 1990.
Appeal from the Circuit Court for Broward County; Lawrence L. Korda, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.
Jerome M. Rosenblum of Jerome M. Rosenblum, P.A., Hollywood, for appellee.
PER CURIAM.
The state having filed a traverse to appellee’s motion to dismiss made pursuant to rule 3.190(c)(4), Florida Rules of Criminal Procedure, which denies material aspects of appellee’s hypothesis of innocence, we reverse the order dismissing Count I of the indictment and remand for trial. State v. Hargrove, 552 So.2d 281
(Fla. 4th DCA 1989). See also State v. Hunwick, 446 So.2d 214
(Fla. 4th DCA 1984).
REVERSED and REMANDED.
HERSEY, C.J., and GUNTHER and POLEN, JJ., concur.