DERRICK MARCUS TURNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2016-08-31

No. 2D15-480

NORTHCUTT, LaROSE, and CRENSHAW, JJ., Concur.

210 So. 3d 92 Florida District Court of Appeal, Second District (2016) Positive Treatment

Cited by 2 cases

Topics

Double Jeopardy Principles Judgment Of Acquittal Double Jeopardy

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Opinion of the Court

PER CURIAM.

We reverse Derrick Marcus Turner’s judgment and sentence for conspiracy to traffic in cocaine.1 We agree with the State’s concession that the trial court was prohibited by double jeopardy principles from setting aside the judgment of acquittal on this charge, which was entered following the close of the State’s case, and then reinstating it after the defense rested. See Smith v. Massachusetts, 543 U.S. 462, 464-75, 125 S.Ct. 1129, 160 L.Ed.2d 914 (2005).

Reversed.

NORTHCUTT, LaROSE, and CRENSHAW, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Bean v. Univ. of Miami, 252 So. 3d 810 (Fla. 3d DCA 2018)
City of Fort Lauderdale v. Hinton, 276 So. 3d 319 (Fla. 4th DCA 2019)

Authorities Cited

Smith v. Massachusetts, 543 U.S. 462 (U.S. 2005)

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