State v. Teague

WIGGINTON, Judge.

The State appeals an order granting ap-pellee’s motion to dismiss the charge against him of carrying a concealed firearm. We affirm.

The State first argues that since it filed a traverse to appellee’s motion to dismiss, alleging disputed material facts, the trial judge was obligated to deny the motion. State v. Huggins, 368 So.2d 119 (Fla. 1st DCA 1979). However, contrary to the State’s contention, its traverse failed to controvert any specific material allegation of the motion to dismiss and, in fact, appel-lee accepted the facts alleged therein as correct. Thus, the trial…