State v. Ludwig

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.