STATE OF FLORIDA, APPELLANT,
v.
RICHARD RENDINA, APPELLEE
STATE OF FLORIDA, APPELLANT,
RICHARD RENDINA, APPELLEE
641 So. 2d 194
Florida District Court of Appeal, Fourth District (1994)
Opinion of the Court
KLEIN, Judge.
The state appeals from an order dismissing a charge against Richard Rendina for conspiracy to traffic in cocaine. We reverse because the state filed a traverse, in response to the defendant’s motion to dismiss, which raised factual issues and thus precluded dismissal. Rule 3.190(d), Fla.R.Crim.P.; State v. Lambert, 445 So. 2d 1106 (Fla. 4th DCA 1984).
REVERSED AND REMANDED.
ANSTEAD, J., and MICKLE, STEPHAN P., Associate Judge, concur.