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SCAIFE v. STATE

No. 2D00-2549.

764 So.2d 827 (2000)

Sebastian Leonard SCAIFE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

July 28, 2000.

Attorney(s) appearing for the Case

Julianne M. Holt, Public Defender, and M. Malinda Ottinger, Assistant Public Defender, Tampa, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa for Respondent.

PER CURIAM.

Sebastian Leonard Scaife seeks a writ of prohibition to prevent the State from going forward with its prosecution of him on a charge of sale of a substance in lieu of a controlled substance, in violation of section 817.563(1), Florida Statutes (1999). Scaife argues that prosecution on this charge violates the prohibition against double jeopardy and is in contravention of his due process rights.

Scaife was charged with possession of cocaine in violation...

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