Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided November 5, 2004No. 2D03-5059PublishedCited by 1 opinion

1Opinion of the Court

STRINGER, Judge.

James Walter Davis, Jr., seeks review of his convictions for the attempted second-degree murder, aggravated battery, and sexual battery of his ex-wife. Because *1085Davis has failed to establish reversible error we affirm. However, two issues raised by Davis merit discussion.

First, Davis argues that the trial court erred in denying his motion for judgment of acquittal on the aggravated battery count because his convictions for both attempted second-degree murder and aggravated battery violate the double jeopardy prohibition against multiple punishments for the same offense. We…

2Cases cited5 opinions

  1. Espindola v. StateDistrict Court of Appeal of Florida · 2003
  2. Milks v. StateDistrict Court of Appeal of Florida · 2003
  3. Gresham v. StateDistrict Court of Appeal of Florida · 1999
  4. Schirmer v. StateDistrict Court of Appeal of Florida · 2003
  5. Gutierrez v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Newell v. StateDistrict Court of Appeal of Florida · 2006

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