State v. Pomper

The trial court dismissed charges against appellee on double jeopardy grounds. Because the dismissed charges do not require the proof of an offense for which appellee has already been prosecuted, we reverse and remand to reinstate the charges.

Appellee was originally charged with five counts relating to the passing of two bad checks on April 2, 1990, and April 3, 1990. Count I alleged grand theft on April 2, 1990. Count II alleged a violation of Section 832.05(4) by the passing of a check # 253 in the amount of $625. Count III alleged a violation of Section 832.-05(3)(a) by depositing “a bank…