Kee v. State

Ricky Daniel Kee appeals his conviction for felony fleeing and eluding a law enforce*1095ment officer. He asserts that the trial court erroneously denied his motion to dismiss in which he maintained that the charge against him violated the prohibition against double jeopardy. We agree and reverse.

The State intended to charge Kee with felony fleeing and eluding a law enforcement officer in violation of section 316.1935(2), Florida Statutes (1995). The information was defective because, while it charged Kee with fleeing at a high-rate of speed in an attempt to elude a police officer, it did not…