
    STATE of Florida, Appellant, v. Mark L. BUTLER, Appellee.
    No. 4-86-2986.
    District Court of Appeal of Florida, Fourth District.
    Sept. 9, 1987.
    
      Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellant.
    Stephen N. Rosenthal, Miami, for appel-lee.
   PER CURIAM.

We reverse the order of dismissal entered by the trial court and remand for further proceedings. We agree with the state that there is evidence of appellee’s guilt in the record sufficient to create an issue of fact.

HERSEY, C.J., DOWNEY and ANSTEAD, JJ., concur.  