District Court of Appeal of Florida September 17, 1982, No. 82-262 (State v. Key)

RYDER, Judge.

The state appeals from the dismissal of its indictment against Jerry Wayne Key for first degree murder, arguing that the lower court erred in finding unconstitutional pros-ecutorial vindictiveness. We agree that no unconstitutional vindictiveness appears and we reverse.

The state charged appellee by indictment with premeditated murder.