STATE v. GREGORY

No. 93-02456.

648 So.2d 1220 (1995)

STATE of Florida, Appellant, v. Jerry GREGORY, Appellee.

District Court of Appeal of Florida, Second District.

January 18, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellee.


RYDER, Acting Chief Judge.

The State of Florida seeks review of the trial court's dismissal of a charge against Jerry Gregory on double jeopardy grounds. We reverse on the authority of United States v. Dixon, ___ U.S. ___, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993), and remand for further prosecution.

The state charged Gregory with driving under the influence (D.U.I.) as a fourth offense, fleeing and attempting to elude a police officer and driving with...

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