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STATE v. LOVETT

No. 91-1736.

593 So.2d 625 (1992)

The STATE of Florida, Appellant, v. Ollie LOVETT, Appellee.

District Court of Appeal of Florida, Third District.

March 3, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Valerie Jonas, Asst. Public Defender, for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

The defendant correctly concedes that the trial court erred in dismissing the second degree murder case on double jeopardy grounds. See State v. Kirkland, 401 So.2d 1335 (Fla. 1981) (double jeopardy prohibition did not bar prosecution on murder charge after defendant pled nolo contendere to underlying felony where murder not completed at time of plea because victim had not yet died). Accordingly we reverse and...

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