State v. McElroy

District Court of Appeal of Florida

State v. McElroy

689 So. 2d 1126, 1997 Fla. App. LEXIS 1366, 1997 WL 71759

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1997

DocketNo. 96-1

StatusPublished

This text of 689 So. 2d 1126 (State v. McElroy) 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. McElroy, 689 So. 2d 1126, 1997 Fla. App. LEXIS 1366, 1997 WL 71759 (Fla. Ct. App. 1997).

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Opinion

GOSHORN, Judge.

The State appeals the order dismissing McElroy’s criminal drug charges on the basis that McElroy had been placed in jeopardy for the offenses in a prior forfeiture proceeding. At the time he entered the order, the [1127]*1127trial judge did not have the benefit of the decision in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996) (holding that in rem civil forfeiture proceedings are neither punishment nor criminal proceedings for purposes of the double jeopardy clause) or this court’s decision in State v. Llewellyn, 682 So.2d 1242 (Fla. 5th DCA 1996) (same).

REVERSED and REMANDED for further proceedings.

PETERSON, C.J., and HARRIS, J., concur.

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GOSHORN, Judge.

The State appeals the order dismissing McElroy’s criminal drug charges on the basis that McElroy had been placed in jeopardy for the offenses in a prior forfeiture proceeding. At the time he entered the order, the [1127]*1127trial judge did not have the benefit of the decision in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996) (holding that in rem civil forfeiture proceedings are neither punishment nor criminal proceedings for purposes of the double jeopardy clause) or this court’s decision in State v. Llewellyn, 682 So.2d 1242 (Fla. 5th DCA 1996) (same).

REVERSED and REMANDED for further proceedings.

PETERSON, C.J., and HARRIS, J., concur.

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Bluebook (online)

689 So. 2d 1126, 1997 Fla. App. LEXIS 1366, 1997 WL 71759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcelroy-fladistctapp-1997.

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