Opinion
No. 88-3008.
July 26, 1989.
Appeal from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.
No appearance for appellee.
REVERSED. A trial court must deny a motion to dismiss if the state files a sworn traverse specifically denying the allegations of the motion. State v. Damico, 542 So.2d 1066 (Fla. 4th DCA 1989).
ANSTEAD, DELL and STONE, JJ., concur.