GAYMAN v. STATE

No. 90-3635.

584 So.2d 632 (1991)

Dorcy GAYMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 9, 1991.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.


WIGGINTON, Judge.

The issue as presented to us is whether the trial court punished appellant twice for the same offense by first reclassifying the offense as felony petit theft and then using that felony classification to punish appellant again as an habitual violent felony offender, contrary to the double jeopardy clauses of the United States and Florida Constitutions. We hold that there was no double jeopardy violation and therefore affirm.

Appellant was...

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