IVAN MASCIOLI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
IVAN MASCIOLI, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
257 So. 2d 620
Florida District Court of Appeal, Third District (1972)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Affirmed on the authority of Crum v. State, Fla.App.1965, 172 So.2d 24; Wells v. State, Fla.App.1971, 249 So.2d 507.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Schafer, 376 So. 2d 927 (Fla. 2d DCA 1979)…dice, or, of course, by a statute of limitations. See State v. Gellis, supra. Dismissal of a criminal case before trial does not cause jeopardy to attach. See Lee v. United States, 432 U.S. 23, 97 S.Ct. 2141, 53 L.Ed.2d 80 (1977); State v. Ressler, 257 So. 2d 620 (Fla. 4th DCA 1971). Since the dismissal below was pretrial, the subsequent information presents no double jeopardy question. The doctrine of res judicata applies when the court has previously resolved the identical issue presented. State v. Gellis…
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State v. Cook, 264 So. 2d 417 (Fla. 1972)…ot attached, so the dismissals of the cases will not bar the proper authorities from filing in the State court an independent information based on the same facts which gave rise to the municipal violation in the first instance. See State v. Ressler, 257 So. 2d 620 (Fla.App.4th, 1971). The writ of certiorari previously issued is discharged. It is so ordered. ERVIN, CARLTON and BOYD, JJ., concur. ROBERTS, C. J., agrees with judgment.…
Authorities Cited
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Wells v. State, 249 So. 2d 507 (Fla. 3d DCA 1971)