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STONE v. STATE

No. 80-1302.

402 So.2d 1222 (1981)

Marvin Wayne STONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 2, 1980.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

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

SHARP, Judge.

Stone entered a nolo contendere plea and appeals from the trial judge's denial of his motion to dismiss because his prior conviction and sentence barred his current prosecution on double jeopardy grounds.1 Under the circumstances of this case we agree that the second prosecution was barred by the double jeopardy clause.

Stone was charged by an information with assault2 and improper display...

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