
    STATE OF FLORIDA v NEWMAN
    Case No. 85-195 AC (County Court Case No. E8085, 6MK)
    Eleventh Judicial Circuit, Appellate Division, Dade County
    March 6, 1987
    APPEARANCES OF COUNSEL
    Jim Smith, Attorney General, for appellant.
    Richard A. Darr for appellee.
    Before TENDRICH, KAYE, GREENBAUM, JJ.
   OPINION OF THE COURT

PER CURIAM.

The granting of the Defendant’s Motion to Dismiss was error. Florida Rule of Criminal Procedure 3.190(d) provides:

“A motion to dismiss under paragraph (c)(4) of this rule shall be denied if the State files a traverse which with specificity denied under oath the material fact or facts alleged in the motion to dismiss.”

See State v. Lewis, 463 So.2d 561 (Fla. 2d DCA 1985).

Reversed.  