RODRIGUEZ v. STATE

No. 82-262.

441 So.2d 1129 (1983)

Gregorio RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing November 22, 1983.


Attorney(s) appearing for the Case

Kalter & Kutner and Robert Kalter, Miami, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson and Penny Hershoff Brill, Asst. Attys. Gen., for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.


On Rehearing En Banc November 22, 1983.

FERGUSON, Judge.

The single question presented for review is whether a sentence imposed after a seven-week period of probation, which probation was agreed to by the defendant as an alternative to bail or incarceration while awaiting a presentence investigation, violates the double jeopardy clause of the United States Constitution.

After many hours of investigative work, law enforcement officers identified appellant...

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