Alex Munoz v. State

Alex Munoz (the defendant) appeals his judgment and sentences, entered by the trial court after a jury found him guilty of aggravated battery with a deadly weapon 1 and simple battery. 2 We reverse the defendant’s conviction and sentence for simple battery, vacate his sentence for aggravated battery, and remand for re-sentencing. We otherwise affirm. The defendant first argues that his convictions for simple battery and aggravated battery violate the constitutional prohibition against double jeopardy because both convictions stem from a single criminal episode and the elements of simple…