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HERNANDEZ v. STATE

Nos. GG-25, EE-490 and EE-401.

397 So.2d 715 (1981)

Rolando Otero HERNANDEZ, Appellant, v. STATE of Florida, Appellee. Robert ROSENBLATT, Appellant, v. STATE of Florida, Appellee. William CLAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 19, 1981.

Attorney(s) appearing for the Case

Paul Morris and Bennett H. Brummer, Asst. Public Defenders, Miami, for appellant Hernandez.

Louis M. Jepeway, Jr., of Jepeway & Jepeway, Miami, for appellants Rosenblatt and Clay.

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

LILES, WOODIE A. (Retired), Associate Judge.

"Fear and abhorrence of governmental power to try people twice for the same conduct is one of the oldest ideas found in western civilization. Its roots run deep into Greek and Roman times. Even in the Dark Ages, when so many other principles of justice were lost, the idea that one trial and one punishment were enough remained alive through the canon law and the teachings of the early Christian writers. By the thirteenth...

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