Perez v. State

Appellant, Janiel Molina Perez, appeals his convictions and sentences for burglary with a battery, aggravated battery, and resisting an officer without violence. We agree with Appellant that the trial court erred in denying his motion for judgment of acquittal on the resisting an officer without violence charge and, therefore, reverse that conviction. We reject Appellant’s double jeopardy argument and otherwise affirm.

Based upon the State’s evidence, Appellant and three other men burglarized an occupied dwelling. During the burglary, the victim was beaten with a baseball bat and a gun. In the…