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STATE v. ROTHWELL

No. 1D06-5713.

981 So.2d 1279 (2008)

STATE of Florida, Appellant, v. Richard Lawrence ROTHWELL, Appellee.

District Court of Appeal of Florida, First District.

May 27, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Carolyn Mosley and Joshua R. Heller, Assistant Attorneys General, Tallahassee, for Appellant.

Bill White, Public Defender, and Brian D. Morrissey, Assistant Public Defender, Yulee, for Appellee.

ALLEN, J.

The state appeals an order dismissing a felony battery charge that was being prosecuted after the appellant had been found to be in contempt of court for violating a domestic violence injunction which prohibited the appellant from committing various acts of violence against the battery victim. In dismissing the felony battery charge the court ruled that the prosecution is precluded by principles of double jeopardy, in that the contempt was predicated on...

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