STATE OF FLORIDA, APPELLANT,
v.
ALTON HODGES, APPELLEE

Fla. 4th DCA | 1997-05-14
No. 95-4434
STONE, POLEN and FARMER, JJ., concur.
694 So. 2d 820 Florida District Court of Appeal, Fourth District (1997)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The issue in this appeal is identical to that in State v. Powelson, 680 So. 2d 1089 (Fla. 4th DCA 1996). The state appeals an order dismissing a forfeiture proceeding on double jeopardy grounds. We said in Powelson:

“In light of the recent United States Supreme Court decision in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), we reverse the trial court’s granting of Defendant’s mo tion to dismiss. This forfeiture action under Florida’s Contraband Forfeiture Act followed by a criminal proceeding does not violate the Double Jeopardy Clause. See id.; see also §§ 932.701-.707, Fla. Stat. (1995).”

680 So. 2d at 1089-1090.

REVERSED.

STONE, POLEN and FARMER, JJ., concur.


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