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PERKINS v. GRAZIANO

No. 92-2131.

608 So.2d 532 (1992)

Jack R. PERKINS, Petitioner, v. The Honorable Gayle S. GRAZIANO, Circuit Court Judge of Volusia County, Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 13, 1992.

Attorney(s) appearing for the Case

Nathan G. Dinitz, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent.

COBB, Judge.

The petitioner, Jack R. Perkins, seeks a writ of prohibition to bar his retrial after an improvident declaration of mistrial. See Parce v. Byrd, 533 So.2d 812 (Fla. 5th DCA 1988), review denied, 542 So.2d 988 (Fla. 1989). He contends he must be discharged pursuant to his plea of former jeopardy, and he is correct.

Perkins was charged with aggravated battery, and his trial commenced on Monday, July...

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