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GORDON v. STATE

No. 4D04-4432.

967 So.2d 357 (2007)

Jay GORDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 10, 2007.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good-Earnest Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING AND CLARIFICATION

GROSS, J.

We grant the state's motion for clarification, withdraw our previous opinion on the motion for rehearing and issue the following.

The motion for rehearing criticizes the panel opinion for pre-determining the sufficiency of the evidence. On remand, double jeopardy bars retrial for any charge for which Gordon was found not guilty. The imprecision of the original contempt finding raises many...

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