SPAZIANO v. STATE

No. 82-1114.

429 So.2d 1344 (1983)

Thomas Dominic SPAZIANO, a/K/a Steven Jerry Johnson, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


SCHOONOVER, Judge.

The appellant, Thomas Dominic Spaziano, has appealed from an order denying his motion to dismiss the charge filed against him. He contends that the trial court erred when it granted the state's motion for mistrial during his trial for theft of a motor vehicle, and the state is therefore precluded from placing him in jeopardy again. We agree and accordingly reverse.

During the appellant's opening statement, his attorney informed the jury...

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