Vitagliano v. State

Appellant raises two issues claiming violations of the speedy trial rule and in a third issue claims that double jeopardy barred his second trial on the charge of sexual battery of a child less than twelve years of age. Without further discussion, we affirm the speedy trial issues. Because appellant’s retrial was barred by the constitutional prohibition against double jeopardy, however, we reverse his conviction for sexual battery.

By an amended, four-count information appellant was charged with one count of sexual battery on a child less than twelve years old and one count of a lewd and…