423 So. 2d 932

STATE of Florida, Appellant, v. Gordon Mark LUDWIG, Appellee.

No. 82-475.

District Court of Appeal of Florida, Fourth District.

Nov. 17, 1982.

Rehearing Denied Jan. 19, 1983.

*933Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellant.

Jane D. Fishman of Kay & Silber, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

Our review of the defendant’s motion to dismiss together with the state’s traverse leads us to conclude that there are material disputed facts which, if resolved in the state’s favor, would establish a prima facie case of guilt against the defendant. Accordingly, we hold that the trial court erred by dismissing the information in this case. See State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981).

REVERSED and REMANDED.

ANSTEAD, BERANEK and HURLEY, JJ., concur.

State v. Ludwig
423 So. 2d 932

Case Details

Name
State v. Ludwig
Decision Date
Nov 17, 1982
Citations

423 So. 2d 932

Jurisdiction
Florida

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