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STATE v. CLAYTON

No. 5D00-259.

780 So.2d 243 (2001)

STATE of Florida, Appellant, v. Joseph Terry CLAYTON, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 20, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee.

SHARP, W., J.

The state appeals from the trial court's order which granted Joseph Clayton's motion to dismiss a driving while license revoked charge1 which was filed against him in the circuit court. The circuit court relied upon principles of double jeopardy as a bar to this prosecution. The state argues on appeal, as it did below, that the original order was entered without jurisdiction and as a consequence, double jeopardy is not a...

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