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Cady v. State

781 So. 2d 510, 2001 Fla. App. LEXIS 4327, 2001 WL 326663
District Court of Appeal of Florida·Decided April 5, 2001·No. No. 1D00-3135·Published

Opinion

PER CURIAM.

We agree that the Petitioner should not be retried for the lewd and lascivious charge because it would violate double jeopardy. However, we conclude that Petitioner may be retried for sexual battery without violating double jeopardy.

Granted in part and remanded for further proceedings.

BENTON, PADOVANO and POLSTON, JJ., concur.

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Cady v. State, 781 So. 2d 510, 2001 Fla. App. LEXIS 4327, 2001 WL 326663 (Fla. Ct. App. 2001).

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