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FISHER v. STATE

No. 2D07-5379.

987 So.2d 1235 (2008)

Clarence FISHER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

August 8, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Respondent.

FULMER, Judge.

Clarence Fisher filed a petition for writ of habeas corpus in this court seeking to prohibit his prosecution for robbery on the ground that jeopardy attached once the trial court adjudicated him guilty of the lesser offense of robbery by sudden snatching in accordance with a plea agreement. By prior order, we treated the petition as a petition for writ of prohibition. We agree that Fisher's prosecution for robbery violates double jeopardy protections...

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