State v. Torres

CASANUEVA, Judge.

The State of Florida appeals the trial court’s order dismissing the pending charge against Jason Torres. The trial court concluded that the pretrial supervised release condition to undergo counseling constituted punishment and that no further punishment could be imposed without violating the constitutional protections afforded by the Double Jeopardy Clause, if subsequently Mr. Torres were to be found guilty. We reverse because the facts do not show that the protections afforded Mr. Torres by the Double Jeopardy Clause have been violated.

PROCEDURAL HISTORY

In November 2002, an…