FESTA v. STATE

No. 4D06-279.

927 So.2d 1049 (2006)

Ronald FESTA, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

May 10, 2006.


Attorney(s) appearing for the Case

Garrett Elsinger, Fort Lauderdale, for petitioner.

Charles J. Crist, Jr., Attorney General, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for respondent.


FARMER, J.

Defendant petitions for a writ of prohibition against being retried on a charge of child abuse, arguing that his exoneration on appeal from an earlier conviction bars any further trial. We agree, grant the writ and discharge him. In so doing, we find prohibition a proper remedy to assert a right against double jeopardy and conclude that we are not bound by the direction in the former appeal to the effect that any retrial would be limited to the charge of...

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