THEODIS MITCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bartee v. State, 401 So. 2d 890 (Fla. 5th DCA 1981)
  …t court charging appellant with the felony violation of section 322.212, Florida Statutes (1979), by knowingly having in his possession a blank, forged, stolen, fictitious, counterfeit or unlawfully issued operator’s license. Citing London v. State, 347 So. 2d 639 (Fla. 4th DCA 1977),2 the trial court denied appellant’s motion under Florida Rule of Criminal Procedure 3.190(b) to dismiss the information on double jeopardy grounds. We reverse. Article I, Section 9, of the Constitution of the State of Florida,…
• Jackson v. State, 418 So. 2d 456 (Fla. 4th DCA 1982)
  …rt held: Whatever the sequence may be, the Fifth Amendment forbids successive prosecution and cumulative punishment for a greater and lesser included offense. Id. at 169, 97 S.Ct. at 2227, 53 L.Ed.2d at 196 (footnote omitted). In London v. State, 347 So. 2d 639, 640 (Fla. 4th DCA 1977), we held: In determining whether a plea of double jeopardy can be sustained the test is whether the second prosecution places the defendant twice in jeopardy for the same [*458] offense, and not whether he has been tried be…
• Dees v. State, 397 So. 2d 1145 (Fla. 2d DCA 1981)
  …titutions. The trial court denied the motion, and Dees entered a plea of nolo contendere, reserving the right to appeal the denial of his motion. We affirmed Dees’ conviction on the felony charge without opinion on the authority of London v. State, 347 So. 2d 639 (Fla. 4th DCA 1977). Dees v. State, No. 80-774 (Fla. 2d DCA Feb. 4, 1981). On reviewing Dees' motion for rehearing, we now think London may be incorrect and hold that Dees’ subsequent prosecution for possessing or introducing contraband into a count…

Authorities Cited

• MacKenzie v. Hillsborough Cnty., 288 So. 2d 200 (Fla. 1973)