District Court of Appeal of Florida September 5, 1995, No. 94-2263 (Archie v. State)

LAWRENCE, Judge,

dissenting.

I respectfully dissent. Defendant Archie filed a motion to dismiss pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. The State timely filed a traverse, placing material facts in dispute. The traverse provided in part as follows:

3. With regards to Paragraph 10 of the Defendant’s Motion, the State would say that there are material facts in dispute.