Olivera v. State
District Court of Appeal of Florida
1Opinion of the CourtHazouri, J.
The Appellant, Martin Olivera, appeals his convictions and sentences for multiple offenses all arising out of his armed entry into a home in an attempt to commit robbery. Olivera raises four issues on appeal, *925only one of which has merit. Olivera argues that his convictions and sentences for attempted home invasion robbery with a firearm and armed burglary of a dwelling with a battery violate double jeopardy. We agree.
“Determining whether double jeopardy is violated based on undisputed facts is a purely legal determination, so the standard of review is de novo.” Binns v. State, 979 So.2d 439,…
2Cases cited7 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Valdes v. StateSupreme Court of Florida · 2009
- Binns v. StateDistrict Court of Appeal of Florida · 2008
- Mendez v. StateDistrict Court of Appeal of Florida · 2001
- Davis v. StateDistrict Court of Appeal of Florida · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fernandez v. StateDistrict Court of Appeal of Florida · 2016
- State of Florida v. Timothy W. Tuttle, Jr.Supreme Court of Florida · 2015
- Tuttle v. StateDistrict Court of Appeal of Florida · 2014
- Washington v. StateDistrict Court of Appeal of Florida · 2013
- State of Florida v. Timothy W. Tuttle, Jr.Supreme Court of Florida · 2015