STATE v. BALEZOS

No. 4D99-2873.

765 So.2d 819 (2000)

STATE of Florida, Appellant, v. Vincent BALEZOS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 12, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and M. Rebecca Springer, Assistant Attorney General, Fort Lauderdale, for appellant.

Alex Lambidis, Fort Lauderdale, for appellee.


WARNER, C.J.

The State of Florida appeals from a final order dismissing the case against appellee, Vincent Balezos, on the ground that the successor judge abused his discretion in granting a motion to dismiss with prejudice based on the principle of double jeopardy. We reverse.

On May 28, 1998, Balezos became involved in a physical altercation with his roommate, David Stein (the victim). During the incident Balezos struck the victim in the face and choked...

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