STATE v. BRELAND

No. 81-2314.

421 So.2d 761 (1982)

STATE of Florida, Appellant, v. Prentiss BRELAND, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

P.D. Aiken, Fort Lauderdale, for appellee.


HURLEY, Judge.

The trial court found that a predecessor judge had engaged in overreaching by provoking the defendant's motion for mistrial. The successor judge ruled that retrial was barred by the Double Jeopardy Clause and, therefore, granted the defendant's motion to dismiss. We conclude that the finding of judicial overreaching is not supported by the record and, consequently, we reverse.

The defendant was arrested and charged with trafficking in marijuana...

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