THE STATE OF FLORIDA, APPELLANT,
v.
EVEL DALVA GARCIA, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
EVEL DALVA GARCIA, APPELLEE
503 So. 2d 427
Florida District Court of Appeal, Third District (1987)
Opinion of the Court
PER CURIAM.
Although the facts set' forth in the defendant’s untraversed sworn motion to dismiss plainly established that she did not conspire to unlawfully traffic in cocaine (as charged in Count II of the information), they did not establish that she was not guilty of the crime of trafficking in cocaine (as charged in Count I of the information). See Saylor v. State, 491 So. 2d 340 (Fla. 3d DCA 1986). Accordingly, the dismissal of Count I is reversed; the dismissal of Count II is affirmed.
Affirmed in part; reversed in part and remanded.