ROGER LEE WILLIAMS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1996-05-09
No. 86476
GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
673 So. 2d 486 Florida Supreme Court (1996) Positive Treatment
Cited by 2 cases

Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review Williams v. State, 658 So. 2d 665 (Fla. 4th DCA 1995), in which the district court addressed the same question we recently answered in State v. Johnson, 21 Fla.L.Weekly S154, — So. 2d — [1996 WL 154126] (Fla. April 4, 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In Johnson, we held that aggravated stalking and the defendant’s violation of an injunction were two separate offenses, and double jeopardy did not bar a subsequent prosecution. In accordance with our decision in Johnson, we approve the decision of the district court in the instant case.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


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  • State v. Gagne, 680 So. 2d 1041 (Fla. 4th DCA 1996)
    …n Johnson, our supreme court held that double jeopardy does not bar a subsequent prosecution for aggravated stalking where the defendant had previously been convicted for violating an injunction based on the same conduct. See also Williams v. State, 673 So. 2d 486 (Fla.1996). The trial court did not have the benefit of the supreme court’s decision in Johnson when it made the determination that the prosecution for aggravated stalking was barred on double jeopardy grounds based on the prior dismissal of the con…

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