We reverse the trial court’s order of dismissal because we find, in view of the state’s traverse, an issue of fact exists on the counts dismissed by the trial court. See State v. Oberholtzer, 411 So.2d 376 (Fla. 4th DCA), rev. denied, 419 So.2d 1199 (Fla.1982); State v. Booker, 529 So.2d 1239 (Fla. 1st DCA 1988).
ANSTEAD, LETTS and GUNTHER, JJ., concur.