
    STATE of Florida, Appellant, v. Richard RENDINA, Appellee.
    No. 93-3309.
    District Court of Appeal of Florida, Fourth District.
    Aug. 24, 1994.
    
      Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.
    Fred Haddad, Fort Lauderdale, for appel-lee.
   KLEIN, Judge.

The state appeals from an order dismissing a charge against Richard Rendina for conspiracy to traffic in cocaine. We reverse because the state filed a traverse, in response to the defendant’s motion to dismiss, which raised factual issues and thus precluded dismissal. Rule 3.190(d), Fla.R.Crim.P.; State v. Lambert, 445 So.2d 1106 (Fla. 4th DCA 1984).

REVERSED AND REMANDED.

ANSTEAD, J., and MICKLE, STEPHAN P., Associate Judge, concur.  