NEWRY v. STATE

No. 94-1612.

654 So.2d 1292 (1995)

Denise NEWRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 31, 1995.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ettie Feistmann, Asst. Atty. Gen., West Palm Beach, for appellee.


FARMER, Judge.

Newry was held in direct criminal contempt and sentenced to five months in the county jail for perjury committed during a hearing on whether she had violated her probation. Four days after sentencing, the state charged her by information with committing the same perjury. She moved to dismiss the information on the grounds that it was barred by the double jeopardy clause, because she was found in contempt and jailed for the same act. The trial judge...

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