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STATE v. McELROY

No. 96-1.

689 So.2d 1126 (1997)

STATE of Florida, Appellant, v. Daniel Lee McELROY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 26, 1997.

Attorney(s) appearing for the Case

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

Sharon Lee Stedman of Sharon Lee Stedman, P.A., and John L. Woodard, III, of John L. Woodard, III, P.A., Orlando, for Appellee.

GOSHORN, Judge.

The State appeals the order dismissing McElroy's criminal drug charges on the basis that McElroy had been placed in jeopardy for the offenses in a prior forfeiture proceeding. At the time he entered the order, the trial judge did not have the benefit of the decision in United States v. Ursery, ___ U.S. ___, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996) (holding that in rem civil forfeiture proceedings are...

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