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STATE v. LAMONS

No. 70-799.

251 So.2d 907 (1971)

STATE of Florida, Appellant, v. Ronald Lee LAMONS and Johnnie Campbell, Jr., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 21, 1971.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard W. Seymour, Asst. State's Atty., Sarasota, for appellant.

Gerald Surfus, of Nelson, Stinnett, Surfus, Korp & Payne, Sarasota, for appellees.

McNULTY, Judge.

The state appeals from an order dismissing charges of resisting arrest with violence made against appellees Lamons and Campbell. The dismissal order was apparently based on "double jeopardy" grounds, the trial court having referred to the recent United States Supreme Court decision of Waller v. Florida.1 We reverse.

It was early Christmas morning at the Brass Rail Bar, and Sergeant Lasher of the Sarasota police...

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