District Court of Appeal of Florida May 14, 1997, No. 95-4434 (State v. Hodges)

PER CURIAM.

The issue in this appeal is identical to that in State v. Powelson, 680 So.2d 1089 (Fla. 4th DCA 1996). The state appeals an order dismissing a forfeiture proceeding on double jeopardy grounds. We said in Powelson:

“In light of the recent United States Supreme Court decision in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.