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STATE v. KIRKLAND

No. 79-1762.

384 So.2d 1328 (1980)

The STATE of Florida, Appellant, v. Benjamin Frank KIRKLAND, Appellee.

District Court of Appeal of Florida, Third District.

June 24, 1980.

Attorney(s) appearing for the Case

Janet Reno, State's Atty. and Ira N. Loewy, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before HENDRY and BASKIN, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

BASKIN, Judge.

The state presents the following question:

Whether the trial court erred in dismissing the first degree murder indictment against the defendant on the ground that double jeopardy barred the state from prosecuting the defendant on this charge after he had already pled nolo contendere to a juvenile petition for delinquency based upon the lesser included offense of strong-armed robbery, where at the time defendant entered this plea, the offense...

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