Chillington v. State

District Court of Appeal of Florida

Chillington v. State

682 So. 2d 1137, 1996 Fla. App. LEXIS 10403, 1996 WL 577350

CourtDistrict Court of Appeal of Florida

DecidedOctober 9, 1996

DocketNo. 95-3719

StatusPublished

Cited by2 cases

This text of 682 So. 2d 1137 (Chillington v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chillington v. State, 682 So. 2d 1137, 1996 Fla. App. LEXIS 10403, 1996 WL 577350 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Affirmed. See United States v. Halper, 490 U.S. 435,109 S.Ct. 1892,104 L.Ed.2d 487 (1989). However, this decision does not preclude our future consideration of other factual circumstances, notwithstanding State v. Moretti, 681 So.2d 754 (Fla. 2d DCA 1996), whether under the seven factors recited in United States v. One Assortment of 89 Firearms, 465 U.S. 354, 104 S.Ct. 1099, 79 L.Ed.2d 361 (1984), a forfeiture pursuant to section 932.703, Florida Statutes (1995), could constitute double jeopardy. United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), was decided under the federal statute and did not discuss the above factors.

GLICKSTEIN and STEVENSON, JJ., and BROWN, LUCY C., Associate Judge, concur.

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PER CURIAM.

Affirmed. See United States v. Halper, 490 U.S. 435,109 S.Ct. 1892,104 L.Ed.2d 487 (1989). However, this decision does not preclude our future consideration of other factual circumstances, notwithstanding State v. Moretti, 681 So.2d 754 (Fla. 2d DCA 1996), whether under the seven factors recited in United States v. One Assortment of 89 Firearms, 465 U.S. 354, 104 S.Ct. 1099, 79 L.Ed.2d 361 (1984), a forfeiture pursuant to section 932.703, Florida Statutes (1995), could constitute double jeopardy. United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), was decided under the federal statute and did not discuss the above factors.

GLICKSTEIN and STEVENSON, JJ., and BROWN, LUCY C., Associate Judge, concur.

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682 So. 2d 1137, 1996 Fla. App. LEXIS 10403, 1996 WL 577350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chillington-v-state-fladistctapp-1996.

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