ARTHUR D. BOATRIGHT
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-04-05
No. 16-5571
245 So. 3d 882 Florida District Court of Appeal, First District (2018)

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Holding

Double jeopardy protection does not entitle a defendant to pretrial dismissal of charges based on a claim that multiple charges violate the protection against multiple punishments for the same offense.


Headnotes

[1] Double jeopardy protection against multiple punishments for the same offense does not provide grounds for pretrial dismissal of multiple charges.

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Facts & Procedural History

Arthur D. Boatright petitioned for a writ of prohibition challenging charges against him on double jeopardy grounds, claiming that multiple charges co…

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Opinion of the Court

April 5, 2018 PER CURIAM.

DENIED. See State v. Scholl, 18 So. 3d 1158, 1162 (Fla. 1st DCA 2009) (holding that the protection against double jeopardy did not entitle defendant to pretrial dismissal of charges based upon claim that multiple charges violated his protection against multiple punishments for the same offense).

ROWE, RAY, and M.K. THOMAS, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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