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STATE v. GELLIS

No. 79-469.

375 So.2d 885 (1979)

The STATE of Florida, Appellant, v. Samuel GELLIS, Appellee.

District Court of Appeal of Florida, Third District.

October 16, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Milton Robbins, Asst. State's Atty., for appellant.

Jerold H. Reichler, Miami, for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.

HUBBART, Judge.

The central question presented for review is whether the state is barred by the doctrines of double jeopardy, collateral estoppel or res judicata from re-filing an information which has previously been dismissed by the trial court under Fla.R.Crim.P. 3.190(c)(4). We hold that the state is not barred by any of these doctrines from re-filing the prior information. Accordingly, we affirm in part and reverse in part the order under review.

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