Ex Parte State

This Court granted certiorari in this case to determine whether the Court of Criminal Appeals 527 So.2d 146 (1987) erred when it reversed the respondent's conviction for driving while his license was revoked by rendering judgment in his favor, as opposed to remanding the cause for a re-trial. The question presented is one of first impression: whether the State is entitled to retry a defendant whose conviction is reversed because of the incorrect receipt of evidence, where, as here, the evidence was admissible under the case law in existence at the time of trial. For the reasons set out below,…