Legal Opinion

Estevez v. State

District Court of Appeal of Florida

Decided November 20, 2013No. Nos. 4D10-1865, 4D11-1367PublishedCited by 1 opinion

1Opinion of the CourtCiklin, J.

Victor Salastier Diaz Estevez (“Diaz”) appeals his conviction and sentence for first-degree felony murder. Diaz was tried with a codefendant, Roger Rodriguez (“Rodriguez”), in a trial with separate juries. Diaz contends that the state was collaterally estopped from prosecuting the first-degree felony murder charge because a previous jury acquitted him of actually murdering the victim and of the attempted felony murder of a different person. We disagree because a rational jury could have *637acquitted Diaz of the actual murder of the victim and the attempted felony murder of another individual but…

2Cases cited14 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. State v. DiGuilioSupreme Court of Florida · 1986
  4. People v. CummingsCalifornia Supreme Court · 1993
  5. Ray v. StateSupreme Court of Florida · 2000

9 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Heinly v. StateDistrict Court of Appeal of Florida · 2016

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