State v. Balezos

The State of Florida appeals from a final order dismissing the case against appellee, Vincent Balezos, on the ground that the successor judge abused his discretion in granting a motion to dismiss with prejudice based on the principle of double jeopardy. We reverse.

On May 28, 1998, Balezos became involved in a physical altercation with his roommate, David Stein (the victim). During the incident Balezos struck the victim in the face and choked him until he passed out. As a result of the incident, Balezos was charged with felony battery.

At trial, the victim testified that on May 28, 1998, he got…