
    STATE ex rel., Ira Martin AMAZON, Petitioner, v. The Honorable Thomas PENICK, Circuit Judge for the Sixth Judicial Circuit, and The State of Florida, Respondents.
    No. 82-1668.
    District Court of Appeal of Florida, Second District.
    Oct. 1, 1982.
    Rehearing Denied Nov. 2, 1982.
    Barry A. Cohen and Richard G. Pippinger of Cohen, Pippinger & Shibley, Tampa, for petitioner.
    James T. Russell, State Atty., and C. Marie King, Asst. State Atty., Clearwater, for respondent Thomas Penick.
    
      Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for respondent State of Florida.
   PER CURIAM.

This petition for alternative relief which this court has previously treated as a petition for writ of certiorari is hereby denied without prejudice to petitioner raising his double jeopardy argument on an appeal from a conviction provided that he preserves the record by requesting appropriate instructions and special verdicts.

SCHEB, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.  