Gomez v. State

Gomez v. State, 621 So. 2d 578 (Fla. Dist. Ct. App. 1993)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: July 27, 1993
Docket: No. 92-2519
Judges: Schwartz, C.J., and Barkdull and Cope
Citations: 621 So. 2d 5781993 WL 277088

Cited by 10 2 descriptions by later courts

Opinion

621 So.2d 578 (1993)

Eyvor A. GOMEZ, Appellant,

The STATE of Florida, Appellee.

No. 92-2519.

District Court of Appeal of Florida, Third District.

July 27, 1993.

*579 Kaeiser & Potolsky, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and COPE, JJ.

SCHWARTZ, Chief Judge.

We entirely agree with the trial court and Freeman v. State, 611 So.2d 1260 (Fla. 2d DCA 1992), that no double jeopardy violation is involved in the prosecution of a D.U.I. charge after the defendant's driver's license has been seized, because of the same conduct, by the arresting officer pursuant to section 322.2615, Florida Statutes (1991). See Smith v. City of Gainesville, 93 So.2d 105 (Fla. 1957).

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(no double jeopardy violation was involved in prosecution of DUI charge after defendant’s driver’s license was seized because of same conduct)

State v. McClendon, 131 Wash. 2d 853 (1997)

Cited by 10 cases

View all citing references →

Relies on it most ⓘ

Helber v. State915 S.W.2d 955 (Tex. App.—Houston [1st Dist.] 1996)
State v. Higa897 P.2d 928 (Haw. 1995)
State v. McClendon131 Wash. 2d 853 (1997) · Concurrence
State v. McClendon935 P.2d 1334 (Wash. 1997)
State v. Oliver470 S.E.2d 16 (N.C. 1996)
Bolware v. State33 Fla. L. Weekly Fed. S 645 (Fla. 2008)

Most recent

Bolware v. State33 Fla. L. Weekly Fed. S 645 (Fla. 2008)
State v. McClendon935 P.2d 1334 (Wash. 1997)
State v. McClendon131 Wash. 2d 853 (1997) · Concurrence
Ex Parte Mata925 S.W.2d 292 (Tex. App.—Edinburg-Corpus Christi 1996)
State v. Oliver470 S.E.2d 16 (N.C. 1996)
Stabler v. State668 So. 2d 1034 (Fla. Dist. Ct. App. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Smith v. City of Gainesville, 93 So. 2d 105 (Fla. 1957)	40
	Freeman v. State, 611 So. 2d 1260 (Fla. Dist. Ct. App. 1992)	16
	Lopez v. Leasit USA Corp., 621 So. 2d 578 (Fla. Dist. Ct. App. 1993)	1

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