State v. Lopez

HERSEY, Chief Judge.

The state appeals from an order granting a motion to dismiss under rule 3.190(c)(4), Florida Rules of Criminal Procedure. We reverse and remand.

Appellee, Juleo Lopez, filed a motion to dismiss to which the state filed an untimely traverse. The motion to dismiss was subsequently denied.

The case later came before the court again for a status check. After reviewing the file the court determined that its original denial of appellee’s motion to dismiss had been in error, permitted counsel for appellee to renew his motion to dismiss and granted the renewed motion.

The state…