Public-domain · open source
OpenJurist

644 So. 2d 535

State v. Myers

District Court of Appeal of Florida

Decided September 28, 1994

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

Cited by 2 later decisions — most recently September 1995

2 state decisions

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.

¶1We sua sponte consolidate these related appeals. In each case, the trial court certified at least one of the following questions 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?
WHETHER THE DOUBLE JEOPARDY CLAUSE BARS TRIAL ON AN OFFENDER WHO HAS PREVIOUSLY HAD HIS DRIVING PRIVILEGES SUSPENDED PURSUANT TO § 322.2615?

¶2We accepted jurisdiction pursuant to rule 9.160, Florida Rules of Appellate Procedure. Based upon our decision in the recently decided case, State v. Murray, 644 So.2d 533 (Fla. 4th DCA 1994), we answer the certified questions in the negative. Accordingly, we reverse and remand for proceedings not inconsistent with the Murrayopinion.

¶3Reversed and remanded.

DELL, C.J., and HERSEY, J., concur.
/644/so2d/535 · .json · Public domain