Scaife v. State

Sebastian Leonard Seaife seeks a writ of prohibition to prevent the State from going forward with its prosecution of him on a charge of sale of a substance in lieu of a controlled substance, in violation of section 817.563(1), Florida Statutes (1999). Seaife argues that prosecution on this charge violates the prohibition against double jeopardy and is in contravention of his due process rights.

Seaife was charged with possession of cocaine in violation of section 893.13(6)(a), Florida Statutes (1999), and also with violating section 893.13(1)(e)(1), Florida Statutes (1999), through an…