DEBRA JENKINS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Miller Seabrooks v. State, 817 So. 2d 934 (Fla. 4th DCA 2002)
  …ge that the second district authorized the trial court to consider such a motion, under the Rules of Criminal Procedure, the only avenue available to appellant is rule 3.850. See Gadley v. State, 781 So. 2d 488 (Fla. 4th DCA 2001); Jenkins v. State, 625 So. 2d 88 (Fla. 1st DCA 1993). We therefore affirm without prejudice to appellant filing a proper rule 3.850 motion within thirty days of the date of this opinion. GUNTHER, WARNER and GROSS, JJ., concur.…
• State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994)
  …t contained in the DUI charge, prosecution for the DUI charge is not barred by double jeopardy. The first and fifth districts have reached the same conclusion in similar cases. See State v. Dean, 637 So. 2d 355 (Fla. 1st DCA 1994); State v. Knowles, 625 So. 2d 88 (Fla. 5th DCA 1993). Even if appellee may be prosecuted under Dixon for DUI, he argues that the trial court’s decision should still be upheld because Dixon should not be applied retroactively. Instead, he suggests, the issues raised sub judice shou…

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• State v. Coupal, 626 So. 2d 1013 (Fla. 2d DCA 1993)
  …were not solely or so extraordinarily punitive in nature as to prohibit, in a double jeopardy basis, the subsequent prosecution for DUI. We observe that the Fifth District Court of Appeal has recently reached a similar conclusion. State v. Knowles, 625 So. 2d 88 (Fla. 5th DCA 1993). We, accordingly, hold that the subsequent DUI prosecution was permissible. SCHOONOVER and THREADGILL, JJ., concur. . Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). Under Blockbur-ger, “where the…