State v. Hodges
State v. Hodges
694 So. 2d 820; 1997 Fla. App. LEXIS 5163; 1997 WL 249143
(Southern Reporter, Second Series)
State v. Hodges
Opinion of the Court
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 mo*821 tion 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).”
REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.