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STATE v. JAMES

No. 97-3161.

710 So.2d 180 (1998)

The STATE of Florida, Appellant, v. Keith JAMES, Appellee.

District Court of Appeal of Florida, Third District.

As Amended May 13, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Sandra S. Jaggard, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Donald Tunnage, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and GODERICH and SHEVIN, JJ.

SCHWARTZ, Chief Judge.

Because of an adverse incident at trial caused by the undoubtedly improper actions of the prosecutor,1 defense counsel successfully moved for a mistrial, upon the express commitment that James would not invoke any double jeopardy claim which might otherwise arise.2 Notwithstanding, the defense subsequently filed just such a motion.

On this appeal from an order granting it, and...

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