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STATE v. McCRAY

No. 84-2317.

474 So.2d 856 (1985)

The STATE of Florida, Appellant, v. Martin Luther McCray, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 17, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Henry R. Barksdale, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Sp. Asst. Public Defender, for appellee.

Before HENDRY, HUBBART and FERGUSON, JJ.

FERGUSON, Judge.

Where defendant was convicted and sentenced for strong-armed robbery on a guilty plea after the victim had died from injuries suffered in the course of the offense, the double jeopardy prohibition barred a new prosecution for homicide. Cf. State v. Kirkland, 401 So.2d 1335 (Fla. 1981); Southworth v. State, 98 Fla. 1184, 125 So. 345 (1929) (double jeopardy prohibition not a bar to new prosecution...

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