Larkin v. State

District Court of Appeal of Florida

Larkin v. State

558 So. 2d 486, 1990 Fla. App. LEXIS 1620, 1990 WL 26950

District Court of Appeal of Florida·Decided March 15, 1990·No. No. 89-404·Published·Cited by 4 cases

Opinion

GOSHORN, Judge.

Larkin attempted to escape from Lake Correctional Institution. As a result, the Department of Corrections revoked his gain time¹ and imposed other administrative sanctions. Subsequently, Larkin was charged by information with the criminal offense of attempted escape. He filed a pretrial motion to dismiss the information alleging a due process violation of his constitutional right to be protected from being placed in jeopardy twice for the same offense. After the court denied his motion, Larkin pled nolo contendere, reserving his right to appeal. Because the double jeopardy provisions of the Florida² and Federal ³ Constitutions do not apply to a judicial proceeding following an administrative proceeding, we affirm. See Sadler v. State, 333 So.2d 69 (Fla. 1st DCA 1976) and cases cited therein.

AFFIRMED.

DANIEL, C.J., and COWART, J., concur.

Footnotes

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GOSHORN, Judge.

Larkin attempted to escape from Lake Correctional Institution. As a result, the Department of Corrections revoked his gain time¹ and imposed other administrative sanctions. Subsequently, Larkin was charged by information with the criminal offense of attempted escape. He filed a pretrial motion to dismiss the information alleging a due process violation of his constitutional right to be protected from being placed in jeopardy twice for the same offense. After the court denied his motion, Larkin pled nolo contendere, reserving his right to appeal. Because the double jeopardy provisions of the Florida² and Federal ³ Constitutions do not apply to a judicial proceeding following an administrative proceeding, we affirm. See Sadler v. State, 333 So.2d 69 (Fla. 1st DCA 1976) and cases cited therein.

AFFIRMED.

DANIEL, C.J., and COWART, J., concur.

Footnotes

Larkin v. State, 558 So. 2d 486, 1990 Fla. App. LEXIS 1620, 1990 WL 26950 (Fla. Ct. App. 1990).

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Opinion

Footnotes

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