STATE v. CAPPETTA

No. 80-1030.

395 So.2d 283 (1981)

The STATE of Florida, Appellant, v. Anthony Walter CAPPETTA, Appellee.

District Court of Appeal of Florida, Third District.

March 17, 1981.


Attorney(s) appearing for the Case

Janet Reno, State Atty., and Theda R. James, Asst. State Atty., for appellant.

A. John Goshgarian, Miami, for appellee.

Before HUBBART, C.J., and BASKIN and DANIEL S. PEARSON, JJ.


PER CURIAM.

The order under review which dismisses the state's new information filed subsequent to, and in purported compliance with, our decision reversing the defendant's prior conviction in this cause, Cappetta v. State, 380 So.2d 1303 (Fla. 3d DCA 1980), is reversed and the cause is remanded to the trial court for further proceedings upon a holding that: (a) the said information was not barred by double jeopardy because...

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