BARNETT v. STATE

No. SS-33.

382 So.2d 412 (1980)

Willie James BARNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 2, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


McCORD, Judge.

Barnett pleaded nolo contendere to a charge of obtaining a controlled substance by fraud, reserving his right to appeal and to urge that the trial court erroneously denied his motion to dismiss, which was based upon Barnett's assertion that a retrial would violate double jeopardy. We affirm.

Barnett's initial trial was terminated, at the state's request, by a mistrial following an outburst made by Barnett in the presence of the jury. Barnett...

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