STATE v. PRICE

No. 67240.

491 So.2d 536 (1986)

STATE of Florida, Petitioner/Cross-Respondent, v. Charles Wesley PRICE, Respondent/Cross-Petitioner.

Supreme Court of Florida.

July 10, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Paula C. Coffman and Richard W. Prospect, Assts. Atty. Gen., Daytona Beach, for petitioner/cross-respondent.

Samuel R. Mandelbaum and Anthony F. Gonzalez of Anthony F. Gonzalez, P.A., Tampa, and Edward R. Kirkland, Orlando, for respondent/cross-petitioner.


SHAW, Justice.

We have before us by petition for review Price v. State, 469 So.2d 210 (Fla. 5th DCA 1985), due to express and direct conflict with Bell v. State, 473 So.2d 734 (Fla. 2d DCA 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The relevant facts in this case, as stated by the district court, are as follows:

A mistrial was declared at defendant...

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