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Colby v. State

District Court of Appeal of Florida, Fourth District
Jun 26, 1996
675 So. 2d 1025 (Fla. Dist. Ct. App. 1996)

Opinion

Nos. 95-1753, 95-1757, 95-2517 and 95-2883.

June 26, 1996.

Appeal from the Circuit Court, Fifteenth Judicial Circuit, Palm Beach County, Edward Rodgers, Marvin U. Mounts, Jr., James T. Carlisle, Virginia Gay Broome, and Karen L. Martin, JJ.

Richard W. Springer and Catherine M. Mazzulo of Springer Springer, Palm Springs, for petitioners.

Robert A. Butterworth, Attorney General, Tallahassee; and John Tiedemann, Assistant Attorney General, West Palm Beach, for respondents.


In this certiorari proceeding, petitioners seek review of the circuit court's denial of their petitions for writs of prohibition following the county court's denial of their motions to dismiss their DUI charges on grounds of double jeopardy. Our standard of review is a limited one. See Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla. 1995). We deny the petition because the double jeopardy clause does not preclude DUI prosecution of offenders who previously had their driving privileges suspended pursuant to section 322.2615, Florida Statutes (1995). See State v. Henn, 662 So.2d 1391 (Fla. 4th DCA 1995).

CERTIORARI DENIED.

STONE and SHAHOOD, JJ., concur.


Summaries of

Colby v. State

District Court of Appeal of Florida, Fourth District
Jun 26, 1996
675 So. 2d 1025 (Fla. Dist. Ct. App. 1996)
Case details for

Colby v. State

Case Details

Full title:GEORGE COLBY, PHILIP CANTONE, LUIS FORMICA, GREGORY HARRISON, PAUL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 26, 1996

Citations

675 So. 2d 1025 (Fla. Dist. Ct. App. 1996)