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STATE v. JONES

No. 95-2214.

678 So.2d 1336 (1996)

STATE of Florida, Appellant, v. John Francis JONES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 6, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellee.

COBB, Judge.

The state appeals from an order granting a motion to dismiss a charge of aggravated stalking, section 784.048(4), Florida Statutes, on grounds that the prosecution is barred by double jeopardy principles.

The defendant, John Francis Jones, was charged in Circuit Court Case No. 95-978 by amended information filed on July 21, 1995 with one count of aggravated stalking in that he:

between the 1st day of May, 1995 and the 16th day of May...

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