STATE OF FLORIDA, APPELLANT,
v.
GARY MYERS, OSVALDO BURGOS, ASISCLO MUNGUIA, DAVID MARKS AND LAURA HAND, GREGORY MCDONALD, DAVID CYPRESS, MARC FOUCHER, DEBRA FLEISCHMAN, ROBERT FRANKEL AND TERRY BHARRAATSINGH, APPELLEES

Fla. 4th DCA | 1994-09-28
Nos. 93-0116, 93-0308, 93-0512, 93-0513, 93-0607, 93-0782, 93-0824, 93-0868, 93-1820 and 93-1049
DELL, C.J., and HERSEY, J., concur.
644 So. 2d 535 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 4 cases
Topics
Traffic Infraction Double Jeopardy Clause

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Opinion of the Court
STEVENSON, Judge.

STEVENSON, Judge.

We 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?

We 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 Murray opinion.

Reversed and remanded.

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

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Cited By

  • State v. Harris, 661 So. 2d 95 (Fla. 4th DCA 1995)
    …PER CURIAM. Reversed on the authority of State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994), and State v. Myers, 644 So. 2d 535 (Fla. 4th DCA 1994), rev. denied sub nom. Bharraatsingh v. State, 654 So. 2d 918 (Fla.1995). DELL, STONE and STEVENSON, JJ., concur.…
  • State v. Leann H. Combs, 650 So. 2d 708 (Fla. 4th DCA 1995)
    …PER CURIAM. Reversed. See United States v. Dixon, 509 U.S.—, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993); State v. Blankenship, 642 So. 2d 675 (Fla. 4th DCA 1994); State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994); State v. Myers, 644 So. 2d 535 (Fla. 4th DCA 1994). HERSEY, STONE and WARNER, JJ., concur.…

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