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642 So. 2d 675

State v. Blankenship

District Court of Appeal of Florida

Decided September 28, 1994

District Court of Appeal of Florida · decided 1994-09-28

Cited by 3 later decisions — most recently November 1995

3 state decisions

Key passage — most relied on by later courts

“WHETHER THE DOUBLE JEOPARDY CLAUSE BARS TRIAL OF AN OFFENDER WHO HAS PREVIOUSLY HAD HIS DRIVING PRIVILEGES SUSPENDED PURSUANT TO FLORIDA STATUTES SECTION 322.2615? and WHETHER THE DOUBLE JEOPARDY CLAUSE BARS TRIAL OF AN OFFENDER ON A CRIMINAL TRAFFIC OFFENSE WHERE THE OFFENDER HAS PREVIOUSLY ENTERED A PLEA OF GUILTY TO A TRAFFIC INFRACTION ON WHICH THE STATE WILL RELY TO PROVE AN ELEMENT OF THE CRIMINAL TRAFFIC OFFENSE?”

quoted by 1 later decision, including 662 So. 2d 1391 - State v. Henn

Relies on 644 So. 2d 533 - State v. Murray

Good law ✅— No negative treatment on recordhow we know

Decided 1994-09-28

View the full empirical analysis of this case →

STEVENSON, Judge.

¶1In this case, the County Court of Palm Beach County certified the following question as being of great public importance:

WHETHER THE DOUBLE JEOPARDY CLAUSE BARS TRIAL OF AN OFFENDER ON A CRIMINAL TRAFFIC OFFENSE WHERE THE OFFENDER HAS PREVIOUSLY ENTERED A PLEA OF GUILTY OR NO CONTEST TO A TRAFFIC INFRACTION ON WHICH THE STATE WILL RELY TO PROVE AN ELEMENT OF THE CRIMINAL TRAFFIC OFFENSE?

¶2We accepted jurisdiction pursuant to rule 9.160, Florida Rules of Appellate Procedure. We answered this question in the negative in State v. Murray, 644 So.2d 533 (Fla. 4th DCA 1994). Accordingly, we reverse the lower court’s decision in this case which dismissed the driving under the influence of an alcoholic beverage charge against Deborah Blankenship. We note however, that the lower court only entered a final order of dismissal on the lower court case 92-035676-*676TC A02 (which is the subject of this appeal) and not on case 92-039655-TC A02 which was nolle prossed by the state. We therefore grant Blankenship’s motion to dismiss the appeal of the lower court case 92-039655-TC A02, which case number was inadvertently entered on the lower court’s final order.

DELL, C.J., and HERSEY, J., concur.
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