Legal Opinion

State v. Brice

District Court of Appeal of Florida

Decided June 3, 2016No. 2D14-1121Published

1Opinion of the Court

SALARIO, Judge.

The State appeals an order dismissing a single count of an information that charged Frank Brice with possession of a firearm by a person previously found to be delinquent. The trial court held that collateral estoppel barred the State from prosecuting that count because Mr. Brice had been acquitted of related charges for possession of a firearm on school property, carrying a concealed firearm, and trespassing on school property with a firearm, all of which arose out of the same events and were charged in the same information but had been severed for trial from the count for…

2Cases cited10 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Boler v. StateSupreme Court of Florida · 1996
  3. Gragg v. StateSupreme Court of Florida · 1983
  4. State v. PaskoDistrict Court of Appeal of Florida · 2002
  5. State v. ShortDistrict Court of Appeal of Florida · 1987

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