MOODY v. STATE

No. 2D05-5360.

931 So.2d 177 (2006)

Darryl MOODY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

June 7, 2006.


Attorney(s) appearing for the Case

Robert A. Norgard, Bartow, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Respondent.


NORTHCUTT, Judge.

A jury acquitted Darryl Moody on several counts of an indictment and convicted him of a lesser-included offense on another count. When Moody moved for a new trial as to the conviction, the trial court set aside all the verdicts and then announced that it would permit the State to retry him on all the original charges. Moody has petitioned for a writ of prohibition barring his retrial. He contends that a retrial would violate his double jeopardy rights...

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