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HERNANDEZ v. STATE

No. 92-01317.

624 So.2d 782 (1993)

Jose P. HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 15, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tonja R. Vickers, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sue R. Henderson, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

Jose P. Hernandez appeals a conviction for indirect criminal contempt. We conclude that the conviction for criminal contempt violates double jeopardy because the state had already prosecuted Mr. Hernandez for battery and for violation of an injunction for protection, which two offenses were the foundation for the contempt charge. Accordingly, we reverse this conviction.

On January 3, 1992, Mr. Hernandez went to the victim's home, grabbed...

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