Gomez v. State

Eyvor A. GOMEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 27, 1993.

District Court of Appeal of Florida · decided 1993-07-27

Cited by 10 later decisions — most recently September 2008

10 state decisions

Relies on 93 So. 2d 105 - Smith v. City of Gainesville · 611 So. 2d 1260 - Freeman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-07-27

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¶1 *579 Kaeiser & Potolsky, Miami, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and BARKDULL and COPE, JJ.

¶4SCHWARTZ, Chief Judge.

¶5We entirely agree with the trial court and Freeman v. State,611 So.2d 1260 (Fla. 2d DCA 1992), that no double jeopardy violation is involved in the prosecution of a D.U.I. charge after the defendant's driver's license has been seized, because of the same conduct, by the arresting officer pursuant to section 322.2615, Florida Statutes (1991). See Smith v. City of Gainesville,93 So.2d 105 (Fla. 1957).

¶6Affirmed.