District Court of Appeal of Florida August 1, 1986, No. 85-2958 (State v. Graham)

SANDERLIN, Judge.

The state appeals a trial court order which granted the defendant’s motion to dismiss an information charging him with escape or attempted escape. We reverse.

After reviewing the record, we find that there is a material issue of fact on whether defendant attempted to escape or whether defendant abandoned his attempt. See §§ 944.40, 777.04(1), and 777.04(5)(a), Fla. Stat. (1983).