STATE v. DUNSFORD

District Court of Appeal of Florida, First District.

Apr 7, 1994

Judgment

CaseIQ

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.

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.