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STATE v. SADLER

No. 5D05-737.

920 So.2d 647 (2005)

STATE of Florida, Appellant, v. Larry Bray SADLER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 15, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley and Pamela J. Koller, Assistant Attorneys General, Daytona Beach, for Appellant.

Paul L. Militello of Militello & Militello, Inverness, for Appellee.

TORPY, J.

After the lower court granted a rule 3.190(c)(4) motion to dismiss to which no traverse had been filed, the State refiled the same charges. Upon motion, the lower court dismissed the refiled charges concluding that it had granted the first motion "with prejudice." The State challenges the order dismissing the refiled charges.1 We affirm.

Pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), Appellee filed a motion...

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