HAPP v. LOCKETT

No. 89-541.

543 So.2d 1281 (1989)

William Frederick HAPP, Petitioner, v. The Honorable Jerry T. LOCKETT, in His Capacity As Circuit Judge of the Fifth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 5, 1989.


Attorney(s) appearing for the Case

Jeffery M. Pfister, Tavares, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for respondent.


COBB, Judge.

The petitioner, William Frederick Happ, seeks a writ of prohibition contending that his prospective retrial on charges of murder, burglary, kidnapping and sexual battery is barred on the ground of double jeopardy. See Parce v. Byrd, 533 So.2d 812 (Fla. 5th DCA 1988); Perkins v. Williams, 424 So.2d 990 (Fla. 5th DCA 1983).

Prior to Happ's first trial in January...

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