Legal Opinion

Olivera v. State

District Court of Appeal of Florida

Decided July 25, 2012No. 4D10-789PublishedCited by 5 opinions

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

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Valdes v. StateSupreme Court of Florida · 2009
  3. Binns v. StateDistrict Court of Appeal of Florida · 2008
  4. Mendez v. StateDistrict Court of Appeal of Florida · 2001
  5. Davis v. StateDistrict Court of Appeal of Florida · 2011

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

3Cited by5 opinions

  1. Fernandez v. StateDistrict Court of Appeal of Florida · 2016
  2. State of Florida v. Timothy W. Tuttle, Jr.Supreme Court of Florida · 2015
  3. Tuttle v. StateDistrict Court of Appeal of Florida · 2014
  4. Washington v. StateDistrict Court of Appeal of Florida · 2013
  5. State of Florida v. Timothy W. Tuttle, Jr.Supreme Court of Florida · 2015

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