State v. Rodriguez

STONE, Judge.

We reverse an order of dismissal based on a sworn motion to dismiss filed under Florida Rule of Criminal Procedure 3.190(e)(4). The motion alleged that the facts were undisputed and could not establish a prima facie ease of trafficking in cocaine.

The motion alleged that the defendant was a passenger in a vehicle driven to a prearranged drug transaction and that he remained in the car while the driver exited and negotiated the deal with an undercover officer. This is undisputed.

The state filed a three page traverse generally admitting or denying each of the factual allegations set…