STATE v. MORETTI

No. 95-03855.

681 So.2d 754 (1996)

STATE of Florida, Appellant, v. David MORETTI, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 7, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

Christopher E. Cosden, Sarasota, for Appellee.

Gary O. Welch, Assistant Public Defender, Dade City, Amicus Curiae for the Florida Association of Criminal Defense Lawyers.


BLUE, Judge.

The State appeals an order dismissing criminal charges, on double jeopardy grounds, against David Moretti. The State argues that an earlier judgment for Moretti in a civil forfeiture action does not bar prosecution for a criminal offense arising out of the same incident. The trial court did not have the benefit of the U.S. Supreme Court's recent decision in United States v. Ursery, ___ U.S. ___, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996). We reverse...

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