State v. Kalogeropoulos

The state appeals an order granting the defendant’s motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). Because we hold that the state did not file a legally sufficient traverse, we affirm the trial court’s order.

The defendant’s motion to dismiss in this vehicular homicide case alleged that there were no material disputed facts and then detailed a great number of facts surrounding the accident in this case. In response to all of the defendant’s details, the state’s traverse generally denied that there were no material disputed facts, denied in part and admitted…