Legal Opinion

Avila v. State

District Court of Appeal of Florida

Decided February 29, 2012No. 2D11-316PublishedCited by 3 opinions

1Opinion of the Court

VILLANTI, Judge.

Angel B. Avila seeks review of his convictions and sentences for one count of sexual battery with a deadly weapon and one count of false imprisonment, raising two issues for review. We affirm on both issues raised; however, we write to address Avila’s claim that double jeopardy precluded his conviction for the sexual battery offense.

Avila was charged with sexual battery with a deadly weapon (count 1), aggravated battery with a deadly weapon (count 2), and false imprisonment (count 3) based on events that occurred on June 2, 2009. Avila went to trial in April 2010. At the…

2Cases cited25 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. Richardson v. United StatesSupreme Court of the United States · 1984
  3. Yeager v. United StatesSupreme Court of the United States · 2009
  4. Stone v. Superior CourtCalifornia Supreme Court · 1982
  5. People v. AndersonCalifornia Supreme Court · 2009

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3Cited by3 opinions

  1. Drawdy v. StateDistrict Court of Appeal of Florida · 2012
  2. State of Florida v. Khalid MuhammadDistrict Court of Appeal of Florida · 2014
  3. Philip Morris USA Inc. v. Mary Brown, as Personal Representative etc.District Court of Appeal of Florida · 2018

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