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CHAPMAN v. STATE

No. 83-407.

442 So.2d 1024 (1983)

Roger CHAPMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 4, 1984.

Attorney(s) appearing for the Case

Roger Chapman, pro se and Linda Hilsee Coady of Fla. Institutional Legal Services, Inc., Gainesville, for appellant.

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

SHARP, Judge.

This is the second time Chapman has sought relief in this court by appealing from a denial of a 3.850 motion1 after having been tried and convicted of crimes for which he never should have been prosecuted under Florida Rule of Criminal Procedure 3.640(a), and under the constitutional protections against double jeopardy. U.S. Const. art. V.; Art. I, § 9, Fla. Const. This time we grant his request for relief.

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