STATE v. KIRK

No. JJ-167.

362 So.2d 352 (1978)

STATE of Florida, Appellant, v. Katrina Dorothy KIRK, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 20, 1978.


Attorney(s) appearing for the Case

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

James B. Gibson, Public Defender, Seventh Circuit, and Brynn Newton, Asst. Public Defender, for appellee.


PER CURIAM.

The state seeks review of the order dismissing an information which was entered on the basis that a retrial of the defendant (appellee) would violate double jeopardy. We reverse.

Defendant was brought to trial on February 14, 1978, for aggravated assaults upon Cynthia Thomas, David Mack, and Anthony Rivers and for the use of a firearm while committing or attempting to commit a felony. During presentation of its case, the state elicited numerous...

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