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CHAPMAN v. STATE

No. 80-415.

389 So.2d 1065 (1980)

Roger CHAPMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 25, 1980.

Attorney(s) appearing for the Case

James W. Durden, Leesburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Appellant was charged by an information with kidnapping and sexual battery. He was found guilty of the lesser included offense of false imprisonment and a lesser included offense of sexual battery. Appellant moved for a new trial, and the trial court granted it. Appellant was then charged by a second information with the original offenses of kidnapping and sexual battery. He was tried and convicted as charged. Appellant complained of double jeopardy for...

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