STATE v. MITCHELL

No. 97-4206.

719 So.2d 1245 (1998)

STATE of Florida, Appellant, v. General Lee MITCHELL, Appellee.

District Court of Appeal of Florida, First District.

October 12, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellant.

Steven L. Seliger of Garcia and Seliger, Quincy, for Appellee.


WEBSTER, Judge.

The state seeks review of an order dismissing, as barred by double jeopardy, a charge of aggravated fleeing or attempting to elude a law enforcement officer and, for lack of jurisdiction, the misdemeanors of driving while under the influence and reckless driving. We agree with the state that, although appellee's prior conviction for fleeing or attempting to elude a law enforcement officer arose out of the same episode, it does not prohibit prosecution...

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