Legal Opinion

Ramirez v. State

District Court of Appeal of Florida

Decided May 17, 2013No. 5D11-3972PublishedCited by 11 opinions

1Opinion of the CourtOrfinger, C.J.

Jose L. Ramirez appeals his convictions, following a trial, of two counts of felony battery (one prior battery), one count of domestic battery by strangulation and one count of battery on a law enforcement officer. Ramirez challenges the trial court’s admission into evidence, over objection, of the victim’s prior statement. Ramirez also raises a double jeopardy challenge regarding his four battery convictions. We find no error regarding the admission of the victim’s statement, but conclude double jeopardy principles bar two of Ramirez’s four battery convictions.

Ramirez went to the apartment…

2Cases cited12 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Valdes v. StateSupreme Court of Florida · 2009
  3. Pizzo v. StateSupreme Court of Florida · 2006
  4. M.P. v. StateSupreme Court of Florida · 1996
  5. State v. HumeSupreme Court of Florida · 1987

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

3Cited by11 opinions

  1. Wilfred A. Brown v. State of FloridaDistrict Court of Appeal of Florida · 2015
  2. Thompson v. StateDistrict Court of Appeal of Florida · 2013
  3. Eduardo Juliao v. StateDistrict Court of Appeal of Florida · 2014
  4. Allen v. StateDistrict Court of Appeal of Florida · 2014
  5. Jahman Whitfield v. StateDistrict Court of Appeal of Florida · 2016

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

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