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STATE v. DANIELS

No. 2D99-1663.

780 So.2d 148 (2000)

STATE of Florida, Appellant, v. Theartis DANIELS, a/k/a Theartis Davis, Appellee.

District Court of Appeal of Florida, Second District.

December 29, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant.

John W. Kromholz, Tampa, for Appellee.

NORTHCUTT, Judge.

The State disputes the dismissal of a charge against Theartis Daniels on the ground that its prosecution would violate the prohibition against double jeopardy. We reverse.

In August 1996, Daniels pleaded guilty in three cases and was placed on community control, followed by probation. In December 1998, he was charged with a new offense, possession of cocaine with the intent to sell or deliver. The State filed an affidavit asserting that the...

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