HOBBS v. STATE

No. 95-1876.

689 So.2d 1249 (1997)

Danny HOBBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 19, 1997.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne Carrion, Assistant Attorney General, West Palm Beach, for appellee.


En Banc

KLEIN, Judge.

We affirm appellant's convictions of armed sexual battery and armed burglary, but grant en banc consideration to clarify the issue of whether a denial of a petition for writ of prohibition becomes the law of the case.

During appellant's first trial the sixty-seven year old victim testified as to how appellant sexually assaulted her; however, the court declared a mistrial. When the victim was informed that she would have...

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