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STATE v. TORRES

No. 2D03-4221.

890 So.2d 292 (2004)

STATE of Florida, Appellant, v. Jason TORRES, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellant.

Miguel C. Fernandez, III, of the Law Office of Miguel C. Fernandez, III, P.A., Fort Myers, for Appellee.

CASANUEVA, Judge.

The State of Florida appeals the trial court's order dismissing the pending charge against Jason Torres. The trial court concluded that the pretrial supervised release condition to undergo counseling constituted punishment and that no further punishment could be imposed without violating the constitutional protections afforded by the Double Jeopardy Clause, if subsequently Mr. Torres were to be found guilty. We reverse because the facts do not show...

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