State v. Dunsford

Full title: STATE OF FLORIDA, APPELLANT, v. JOYCE DUNSFORD, A/K/A JOYCE WRIGHT…

Court: District Court of Appeal of Florida, First District

Date published: Apr 7, 1994

634 So. 2d 319 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-2857.

April 7, 1994.

An appeal from the Circuit Court for Santa Rosa County; Paul A. Rasmussen, Judge.

Robert A. Butterworth, Atty. Gen., Amelia L. Beisner, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellant.

Nancy A. Daniels, Public Defender, Faye A. Boyce, Asst. Public Defender, Tallahassee, for appellee.

PER CURIAM.

We reverse the order dismissing the information. Under Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), there was no double jeopardy violation.¹

1 We acknowledge that United States v. Dixon, 509 U.S. ___, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993), which changed the law in this area, had not been issued at the time the trial court decided the case at bar and relied on the Court's earlier contradictory decision in Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990).

REVERSE and REMAND for further proceedings.

ERVIN, MICKLE and DAVIS, JJ., concur.