Colby v. State

District Court of Appeal of Florida

Colby v. State

675 So. 2d 1025, 1996 Fla. App. LEXIS 6780, 1996 WL 346974

CourtDistrict Court of Appeal of Florida

DecidedJune 26, 1996

DocketNos. 95-1753, 95-1757, 95-2517 and 95-2883

StatusPublished

This text of 675 So. 2d 1025 (Colby 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.

Bluebook

Colby v. State, 675 So. 2d 1025, 1996 Fla. App. LEXIS 6780, 1996 WL 346974 (Fla. Ct. App. 1996).

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Opinion

PARIENTE, Judge.

In this certiorari proceeding, petitioners seek review of the circuit court’s denial of their petitions for writs of prohibition following the county court’s denial of their motions to dismiss their DUI charges on grounds of double jeopardy. Our standard of review is a limited one. See Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla.1995). We deny the petition because the double jeopardy clause does not preclude DUI prosecution of offenders who previously had their driving privileges suspended pursuant to section 322.2615, Florida Statutes (1995). See State v. Henn, 662 So.2d 1391 (Fla. 4th DCA 1995).

CERTIORARI DENIED.

STONE and SHAHOOD, JJ., concur.

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PARIENTE, Judge.

In this certiorari proceeding, petitioners seek review of the circuit court’s denial of their petitions for writs of prohibition following the county court’s denial of their motions to dismiss their DUI charges on grounds of double jeopardy. Our standard of review is a limited one. See Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla.1995). We deny the petition because the double jeopardy clause does not preclude DUI prosecution of offenders who previously had their driving privileges suspended pursuant to section 322.2615, Florida Statutes (1995). See State v. Henn, 662 So.2d 1391 (Fla. 4th DCA 1995).

CERTIORARI DENIED.

STONE and SHAHOOD, JJ., concur.

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Bluebook (online)

675 So. 2d 1025, 1996 Fla. App. LEXIS 6780, 1996 WL 346974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colby-v-state-fladistctapp-1996.

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