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STATE v. CONRAD

No. 70-494.

243 So.2d 174 (1971)

STATE of Florida, Appellant, v. Harry CONRAD, a/k/a Jessie McIver, Appellee.

District Court of Appeal of Florida, Fourth District.

January 27, 1971.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, Rodney Durrance, Jr., Asst. Atty. Gen., West Palm Beach, and David M. Porter, County Sol., and Norman A. Tharp, Asst. County Sol., Titusville, for appellant.

Robert G. Ferrell, III, Public Defender and Franklin D. Kelley, Asst. Public Defender, Titusville, for appellee.

OWEN, Judge.

In this case a criminal information charging appellee with a felony was dismissed by the Court of Record of Brevard County because it determined that appellee's prior municipal court conviction for ordinance violation constituted former jeopardy under the rationale of Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435 (1970) and Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25...

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