ANDERSON v. STATE

No. 90-1108.

570 So.2d 1101 (1990)

Randy Andrew ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 5, 1990.


Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender and James T. Miller, Asst. Public Defender, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen. and Richard E. Doran, Asst. Atty. Gen., Director, Criminal Appeals, Tallahassee, for appellee.


WIGGINTON, Judge.

Appellant appeals his conviction of sale of counterfeit drugs. He entered a nolo contendere plea to that charge, reserving his right to appeal the denial of his motion to dismiss which raised a double jeopardy challenge. We agree that prosecution on that charge is barred by the double jeopardy clause and therefore we reverse.

Appellant was charged with sale of cocaine, in violation of Section 817.563, Florida Statutes. On February 5, 1990...

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