SCOTT v. STATE

No. 4D06-2859.

937 So.2d 746 (2006)

Tara Leigh SCOTT, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 10, 2006.


Attorney(s) appearing for the Case

Richard F. Della Fera of Entin & Della Fera, P.A., Fort Lauderdale, for petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique L'Italien, Assistant Attorney General, West Palm Beach, for respondent.


GROSS, J.

The issue in this case is whether the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution bars a probation violation charge, after an identical charge was dismissed when the main witness failed to appear. We hold that double jeopardy protection does not apply to a probation violation hearing and deny the petition for writ of prohibition.

Petitioner Tara Scott was placed on 12 months probation on February 22, 2006. On April...

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