State v. Justo

GERSTEN, Judge.

The State appeals the granting of a motion to dismiss an information. We reverse and remand.

Appellee, Alberto Manuel Justo, was charged by information with conspiracy to traffic in cannabis and unlawful possession of cannabis. Appellee filed a motion to dismiss pursuant to rule 3.190(c)(4), Florida Rules of Criminal Procedure, in which he set forth factual allegations in support of his motion. The State did not initially file a traverse, or otherwise object to the motion, and a hearing on the motion was scheduled.

At the hearing on the motion, the State objected to the motion as…