State v. Lampley

PEARSON, Judge.

This appeal is by the State of Florida. It seeks the reversal of a final order granting appellee’s motion to dismiss an information charging him with the unlawful possession of marijuana. The trial judge dismissed the charge upon the ground that appellee’s previous conviction in the City of Miami municipal court upon the charge of “Being under the influence of Alcohol or Drugs” rendered the prosecution for “possession of marijuana” illegal because it constituted double jeopardy. The trial judge based his decision entirely upon the law as recently enunciated by the Supreme Court…