STATE OF FLORIDA, APPELLANT,
v.
JOYCE DUNSFORD, A/K/A JOYCE WRIGHT, APPELLEE
STATE OF FLORIDA, APPELLANT,
JOYCE DUNSFORD, A/K/A JOYCE WRIGHT, APPELLEE
634 So. 2d 319
Florida District Court of Appeal, First District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order dismissing the information. Under Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), there was no double jeopardy violation.1
REVERSE and REMAND for further proceedings.
ERVIN, MICKLE and DAVIS, JJ., concur. . We acknowledge that United States v. Dixon, 509 U.S.-, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993), which changed the law in this area, had not been issued at the time the trial court decided the case at bar and relied on the Court’s earlier contradictory decision in Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994)…. 2d 712 cert. denied, — U.S. -, 114 S.Ct. 2712, 129 L.Ed.2d 839 (1994) (holding that retroactive application returning to Blockburger “same elements” test for double jeopardy questions involving successive prosecutions is valid); State v. Dunsford, 634 So. 2d 319 (Fla. 1st DCA 1994) (applying Blockburger test retroactively). Accordingly, we answer the first certified question in the negative.2 As for the second question, we agree with our companion courts that double jeopardy is not violated when a person h…
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State v. Gregory, 648 So. 2d 1220 (Fla. 2d DCA 1995)…s pending on appeal at the time Dixon was decided. We agree. See State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994) (“[bjecause this ease is currently on appeal, there is no reason why Dixon should not be applied retroactively”); State v. Dunsford, 634 So. 2d 319 n. 1 (Fla. 1st DCA 1994); Hernandez v. Superior Court in and for County of Maricopa, 179 Ariz. 515, 880 P. 2d 735 (Ct.App.1994). Dixon announced a return to the double jeopardy analysis used in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 1…
Authorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Grady v. Corbin, 495 U.S. 508 (U.S. 1990)