Florida District Courts of Appeal, 1990

Larkin v. State

Florida District Courts of Appeal · Decided March 15, 1990 · Cowart, Daniel, Goshorn

558 So. 2d 486; 1990 Fla. App. LEXIS 1620; 1990 WL 26950 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

State v. Converse (Fla. Dist. Ct. App. 2012)
STATE OF FLORIDA v. FRANKLIN JONES (Fla. Dist. Ct. App. 2017)
Mullet v. Miller (Ariz. Ct. App. 1991)
State v. Nichols (Ariz. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GOSHORN, Judge.

Larkin attempted to escape from Lake Correctional Institution. As a result, the Department of Corrections revoked his gain time1 and imposed other administrative sanctions. Subsequently, Larkin was charged by information with the criminal offense of attempted escape. He filed a pretrial motion to dismiss the information alleging a due process violation of his constitutional right to be protected from being placed in jeopardy twice for the same offense. After the court denied his motion, Larkin pled nolo contendere, reserving his right to appeal. Because the double jeopardy provisions of the Florida2 and Federal 3 Constitutions do not apply to a judicial proceeding following an administrative proceeding, we affirm. See Sadler v. State, 333 So.2d 69 (Fla. 1st DCA 1976) and cases cited therein.

AFFIRMED.

DANIEL, C.J., and COWART, J., concur.

. Section 944.28(2)(a), Florida Statutes (1987) provides in pertinent part:

All or any part of the gain-time earned by a prisoner according to the provisions of law shall be subject to forfeiture if such prisoner shall unsuccessfully attempt to escape ...

. Article I, § 9, Fla. Const.

. U.S. Const, amend. V.

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