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BRANNAN v. STATE

No. NN-289.

383 So.2d 234 (1979)

James BRANNAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing May 9, 1980.

Attorney(s) appearing for the Case

Gary R. Dunham, Asst. Public Defender, Starke, for appellant.

Maurice Giunta, Asst. State's Atty., Gainesville, Jim Smith, Atty. Gen., Miguel A. Olivella, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on petition for a writ of prohibition to prevent, on grounds of double jeopardy, petitioner's trial of the offense of shooting into an occupied vehicle. Petitioner pleaded not guilty to the information charging that offense, requested trial by jury and a jury was selected and sworn. Thereafter, a motion to dismiss was filed alleging that the information was fatally defective, citing Hamilton v. State, 30 Fla. 229, 11 So....

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