State v. Lovett

The defendant correctly concedes that the trial court erred in dismissing the second degree murder case on double jeopardy grounds. See State v. Kirkland, 401 So.2d 1335 (Fla.1981) (double jeopardy prohibition did not bar prosecution on murder charge after defendant pled nolo contendere to underlying felony where murder not completed at time of plea because victim had not yet died). Accordingly we reverse and remand for further proceedings consistent with this opinion.