Legal Opinion

State v. Gagne

District Court of Appeal of Florida

Decided August 21, 1996No. 95-2966PublishedCited by 1 opinion

1Opinion of the Court

PARIENTE, Judge.

On the authority of State v. Johnson, 676 So.2d 408 (Fla.1996), we reverse the trial court’s order which dismissed the information filed against appellant for aggravated stalking. In Johnson, our supreme court held that double jeopardy does not bar a subsequent prosecution for aggravated stalking where the defendant had previously been convicted for violating an injunction based on the same conduct. See also Williams v. State, 673 So.2d 486 (Fla.1996). The trial court did not have the benefit of the supreme court’s decision in Johnson when it made the determination that the…

2Cases cited2 opinions

  1. State v. JohnsonSupreme Court of Florida · 1996
  2. Williams v. StateSupreme Court of Florida · 1996

3Cited by1 opinion

  1. State v. HollandDistrict Court of Appeal of Florida · 1996

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