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STATE EX REL. NESSELRODE v. PIQUETTE

No. 71-1238.

261 So.2d 545 (1972)

STATE of Florida ex rel. George NESSELRODE, Appellant, v. The Honorable William PIQUETTE, As Judge of the Metropolitan Court of the County of Dade, State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 9, 1972.

Attorney(s) appearing for the Case

Bernard H. Butts, Jr., Hialeah, for appellant.

Richard E. Gerstein, State's Atty., and John P. Durant, Asst. State's Atty., for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

The petition filed a suggestion for writ of prohibition in the circuit court. The suggestion was dismissed and this appeal followed. Appellant urges that the circuit court failed to apply the correct rule of law as to when jeopardy attaches when a charge is dismissed in the Metropolitan Court. We hold that the court correctly applied the law set forth in Burnes v. State, 89 Fla. 494, 104 So. 783 (1925).

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