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State v. Hodges

District Court of Appeal of Florida, Fourth District
May 14, 1997
694 So. 2d 820 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-4434

Opinion filed May 14, 1997 Rehearing and Clarification Denied June 20, 1997.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Susan Lebow, Judge, L.T. Case No. 95-1486 CF10 and 94-11321 CF10B.

Robert A. Butterworth, Attorney General, Tallahassee, and Joan Fowler, Senior Assistant Attorney General, West Palm Beach, for appellant.

Peter D. Lent, Fort Lauderdale, for appellee.


The issue in this appeal is identical to that in State v. Powelson, 680 So.2d 1089 (Fla. 4th DCA 1996). The state appeals an order dismissing a forfeiture proceeding on double jeopardy grounds. We said in Powelson:

"In light of the recent United States Supreme Court decision in United States v. Ursery, ___ U.S. ___, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), we reverse the trial court's granting of Defendant's motion to dismiss. This forfeiture action under Florida's Contraband Forfeiture Act followed by a criminal proceeding does not violate the Double Jeopardy Clause. See id.; see also §§ 932.701-.707, Fla. Stat. (1995)."

680 So.2d at 1089-1090.

REVERSED.

STONE, POLEN and FARMER, JJ., concur.


Summaries of

State v. Hodges

District Court of Appeal of Florida, Fourth District
May 14, 1997
694 So. 2d 820 (Fla. Dist. Ct. App. 1997)
Case details for

State v. Hodges

Case Details

Full title:STATE OF FLORIDA, Appellant, v. ALTON HODGES, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 14, 1997

Citations

694 So. 2d 820 (Fla. Dist. Ct. App. 1997)