STATE v. MERCADO

No. 5D12-2122.

121 So.3d 604 (2013)

STATE of Florida, Appellant, v. Louis A. MERCADO, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 13, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Pamela J. Koller , Assistant Attorney General, Daytona Beach, for Appellant.

No Appearance for Appellee.


PER CURIAM.

Following a mistrial, the State of Florida appeals an order prohibiting the retrial of Louis A. Mercado for capital sexual battery. The trial court barred a retrial based on the court's finding that the State intentionally disregarded a court order to redact certain portions of a controlled telephone call between Mr. Mercado and law enforcement. The State argues that the trial court erred in dismissing the charge because the record fails to demonstrate...

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