Legal Opinion

State v. Hicks

District Court of Appeal of Florida

Decided June 17, 1998No. 97-03628Published

1Opinion of the Court

BLUE, Judge.

The State appeals the trial court’s order that granted Veronique Hicks’s motion to dismiss on double jeopardy grounds. We agree with the State that its actions were not in violation of the Double Jeopardy Clause and reverse the dismissal order.

Hicks was charged with aggravated battery. The charging information, as amended, alleged that the offense occurred “from the 25th day of May, 1996, to 26th day of May, 1996, inclusive.” The State’s bill of particulars stated that the offense occurred “between the hours of 10:40 p.m. on May 24, 1996, and 4:40 a.m. on May 25, 1996.” At Hicks’s…

2Cases cited2 opinions

  1. State v. BeamonSupreme Court of Florida · 1974
  2. State v. BrownDistrict Court of Appeal of Florida · 1981

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