Legal Opinion

Bracero v. State

District Court of Appeal of Florida

Decided April 17, 2009No. 2D07-3989PublishedCited by 37 opinions

1Opinion of the Court

NORTHCUTT, Chief Judge.

Eduardo Bracero was convicted of burglary of a conveyance with an assault or battery and attempted false imprisonment stemming from a somewhat bizarre incident in a mall parking lot. We affirm the convictions without comment, but we must reverse the sentences and remand for re-sentencing before a different judge.

The facts of the crimes are not essential to the issue before us. Suffice to say that Bracero maintained his innocence throughout the proceedings. He testified that he believed the victim had his wallet and that he acted only to retrieve this property. As shown…

2Cases cited3 opinions

  1. Holton v. StateSupreme Court of Florida · 1991
  2. Lane v. StateSupreme Court of Florida · 1980
  3. Ritter v. StateDistrict Court of Appeal of Florida · 2004

3Cited by37 opinions

  1. Hannum v. StateDistrict Court of Appeal of Florida · 2009
  2. Jackson v. StateDistrict Court of Appeal of Florida · 2010
  3. Green v. StateDistrict Court of Appeal of Florida · 2012
  4. Fernandez v. StateDistrict Court of Appeal of Florida · 2017
  5. Smith v. StateDistrict Court of Appeal of Florida · 2011

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