Larkin v. State

District Court of Appeal of Florida

Larkin v. State

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1990

DocketNo. 89-404

StatusPublished

Cited by4 cases

This text of 558 So. 2d 486 (Larkin 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

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

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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.

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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.

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558 So. 2d 486, 1990 Fla. App. LEXIS 1620, 1990 WL 26950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larkin-v-state-fladistctapp-1990.

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