STATE v. NOCON

No. 76-1625.

352 So.2d 910 (1977)

STATE of Florida, Appellant, v. Jose T. NOCON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 27, 1977.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.

Robert E. Jagger, Public Defender, and Susan F. Schaeffer, Asst. Public Defender, St. Petersburg, for appellee.


McNULTY, JOSEPH P. (Ret.), Associate Judge.

The state brings this appeal from an order granting appellee's motion to dismiss the indictment herein on the grounds of double jeopardy and collateral estoppel. We reverse.

Appellee was charged in an indictment with the commission of a sexual battery on a female child of seven years. The date of the alleged offense as set forth in the indictment was October 8, 1975. He was also charged in a separate indictment with...

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