Tambriz-Ramirez v. State

We affirm the trial court’s order denying appellant’s motion for postconviction relief. Because our rationale for affirmance differs from that of the trial court, we write to explain why appellant’s double jeopardy claim lacks merit. We certify conflict with decisions of the First and Fifth District Courts of Appeal, which have found a double jeopardy violation where a defendant is convicted of burglary with an assault and aggravated assault committed in the same episode.

Background

The following summary of the evidence is derived from appellant’s direct appeal, which was reversed in part for…