State v. Lovett

District Court of Appeal of Florida

State v. Lovett

593 So. 2d 625, 1992 Fla. App. LEXIS 2302, 1992 WL 38307

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1992

DocketNo. 91-1736

StatusPublished

This text of 593 So. 2d 625 (State v. Lovett) 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

State v. Lovett, 593 So. 2d 625, 1992 Fla. App. LEXIS 2302, 1992 WL 38307 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

The defendant correctly concedes that the trial court erred in dismissing the second degree murder case on double jeopardy grounds. See State v. Kirkland, 401 So.2d 1335 (Fla.1981) (double jeopardy prohibition did not bar prosecution on murder charge after defendant pled nolo contendere to underlying felony where murder not completed at time of plea because victim had not yet died). Accordingly we reverse and remand for further proceedings consistent with this opinion.

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PER CURIAM.

The defendant correctly concedes that the trial court erred in dismissing the second degree murder case on double jeopardy grounds. See State v. Kirkland, 401 So.2d 1335 (Fla.1981) (double jeopardy prohibition did not bar prosecution on murder charge after defendant pled nolo contendere to underlying felony where murder not completed at time of plea because victim had not yet died). Accordingly we reverse and remand for further proceedings consistent with this opinion.

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Bluebook (online)

593 So. 2d 625, 1992 Fla. App. LEXIS 2302, 1992 WL 38307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lovett-fladistctapp-1992.

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