K.K. v. STATE

No. 97-3163.

717 So.2d 193 (1998)

K. K., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 18, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, Judge.

The issue in this case is whether the trial court committed reversible error by allowing the state, after it had rested and the defense had moved for a judgment of acquittal, to re-open its case to cure the defect pointed out in the defense motion.

On appeal, the defendant relies on the opinion of Burton v. State, 596 So.2d 733 (Fla. 2d DCA 1992), which found double jeopardy in a case wherein the state...

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