State v. Lovett

593 So. 2d 625, 1992 Fla. App. LEXIS 2302, 1992 WL 38307
District Court of Appeal of Florida·Decided March 3, 1992·No. No. 91-1736·Published

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

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Related

State v. Kirkland
401 So. 2d 1335 (Supreme Court of Florida, 1981)