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State v. Gagne
Citations: 680 So. 2d 1041; 1996 Fla. App. LEXIS 8895; 1996 WL 471059Docket: No. 95-2966
Court: District Court of Appeal of Florida; August 21, 1996; Florida; State Appellate Court
The trial court's order dismissing the information against the appellant for aggravated stalking is reversed. The decision is based on the precedent set in State v. Johnson, 676 So.2d 408 (Fla. 1996), which clarifies that double jeopardy does not prevent subsequent prosecution for aggravated stalking if the defendant has already been convicted for violating an injunction stemming from the same actions. The trial court's dismissal was made without consideration of the Johnson ruling, leading to an erroneous conclusion regarding double jeopardy based on prior contempt proceedings. Chief Judge GUNTHER and Judge STONE concur with the decision.