Opinion
No. 85-2592.
July 15, 1986.
Appeal from a non-final order from the Circuit Court for Dade County; Theodore G. Mastos, Judge.
Jim Smith, Atty. Gen., and Michelle Crawford, Asst. Atty. Gen., for appellant.
Walter B. Lebowitz, Miami Beach, for appellee.
Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.
Defendant Sanchez filed a Sworn Motion to Dismiss an information charging him with sexual battery. Pursuant to Florida Rule of Criminal Procedure 3.190(d), the state filed a traverse. The trial court granted defendant's motion, and the state appeals. We find that disputed issues of fact concerning the existence of a bona fide medical purpose require resolution by the finder of fact. See State v. Fuller, 463 So.2d 1252 (Fla. 5th DCA 1985); State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981); State v. Bryant, 373 So.2d 708 (Fla. 3d DCA 1979); State v. Hires, 372 So.2d 183 (Fla. 2d DCA 1979). The order is therefore reversed, and the cause is remanded for further proceedings.
Reversed and remanded.