JOHNSON v. STATE

No. 83-51.

460 So.2d 954 (1984)

William D. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 13, 1984.


Attorney(s) appearing for the Case

Robert S. Hobbs of Harry M. Hobbs, P.A., Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

This case involves questions as to whether jeopardy attaches when a nolo contendere plea is unqualifiedly, unconditionally accepted by the trial court; whether the acceptance of a plea was based on a material misrepresentation made to the court by the defendant; and whether a violation of a defendant's double jeopardy constitutional rights constitutes fundamental error.

This case is considered en banc because we recede from certain of our previous...

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