State v. Cappetta

The order under review which dismisses the state’s new information filed subsequent to, and in purported compliance with, our decision reversing the defendant’s prior conviction in this cause, Cappetta v. State, 380 So.2d 1303 (Fla. 3d DCA 1980), is reversed and the cause is remanded to the trial court for further proceedings upon a holding that: (a) the said information was not barred by double jeopardy because the defendant’s prior successful appeal in this cause waived any subsequent claim of double jeopardy against the filing of the new information herein, Bryan v. United States, 338 U.S.…