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POFF v. STATE

No. 3D03-1300.

881 So.2d 564 (2004)

Thomas POFF and Charles Randolph, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied September 15, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and WELLS, and SHEPHERD, JJ.

Rehearing and Rehearing En Banc Denied September 15, 2004.

PER CURIAM.

Thomas Poff and Charles Randolph appeal their convictions and sentences for burglary and grand theft, claiming that the double jeopardy clause of the Florida Constitution precluded retrial where a mistrial had previously been granted. Poff additionally argues that admission of collateral crimes evidence and argument at the retrial mandates reversal.

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