GARCIA v. STATE

No. 90-2245.

591 So.2d 307 (1991)

Dwayne GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Carol J.Y. Wilson and Louis Campbell, Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before HUBBART, COPE and GERSTEN, JJ.


PER CURIAM.

Dwayne Garcia pled nolo contendere to possession of a firearm by a convicted felon, reserving the right to appeal the trial court's denial of his motion to dismiss the charge. Defendant argues that prosecution of that charge was precluded by the doctrine of collateral estoppel, by reason of defendant's acquittal on the severed charges of attempted first degree murder with a firearm and possession of a firearm during a criminal offense. See Gragg v....

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