State v. Powell
| Decision Date | 07 May 1975 |
| Docket Number | No. 73--518,73--518 |
| Citation | 314 So.2d 787 |
| Parties | STATE of Florida, Appellant, v. James POWELL, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Shevin, Atty. Gen., Tallahassee, and Guy E. Labalme, Asst. Atty. Gen., Tampa, for appellant.
Levine, Freedman & Hirsch, Tampa, for appellee.
The State appeals the dismissal of three informations charging the appellee with assault with intent to commit murder in the first degree.
Appellee moved to dismiss the informations upon two grounds, to wit, that the State was collaterally estopped to prosecute the informations by reason of a prior finding by a jury verdict in a first degree murder trial arising out of the same criminal episode that appellee was not guilty by reason of insanity; also, that the prosecutions were barred by the provisions of the speedy trial rule. The trial court held that the State was collaterally estopped from prosecuting the charges under the case of Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469. The trial court did not specifically rule on the applicability of the speedy trial rule.
We hold that the State was prohibited from prosecuting all three charges for failure to comply with the speedy trial rule. State v. Boren, Fla.App.3d 1973, 273 So.2d 415.
In addition, the trial judge was eminently correct in holding that the State was collaterally estopped from prosecuting the two charges alleging assault with intent to commit murder in the first degree of Officer Clark and Officer Morrow.
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Nacher v. State, 83-271
...on October 16th or December 11th). On the other hand, the cases cited by the appellant are either of little assistance, State v. Powell, 314 So.2d 787 (Fla. 2d DCA 1975) (upholding, without factual detail, collateral estoppel effect of insanity acquittal to other crime during same episode),......
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State v. Katz
...estopped from relitigating his identity as a robber by reprosecuting for robbery of a different poker player. See State v. Powell, 314 So.2d 787 (Fla. 2d DCA 1975). In Katz the defendant was cleared only of stealing a 1977 Buick. The issue of whether he stole anything else, e. g., a 1975 Ch......