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STATE v. McNEIL

No. HH-195.

362 So.2d 93 (1978)

STATE of Florida, Appellant, v. Larry B. McNEIL, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 19, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., for appellant.

Michael J. Minerva, Public Defender, for appellee.

McCORD, Chief Judge.

This is an interlocutory appeal brought by the state from an order granting appellee's motion to dismiss an information charging him with burglary of a structure. The ground for dismissal was double jeopardy. We affirm.

During appellee's trial for burglary of a structure, the prosecutor, referring to the period immediately following the arrest, asked the arresting officer,

"Did he (appellee) make any statements to you? Did you...

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