Legal Opinion

Green v. State

District Court of Appeal of Florida

Decided September 18, 2013No. 1D12-4996PublishedCited by 7 opinions

1Per curiam

The appellant presents two issues on appeal. First, he argues that the prosecutor’s improper comments in closing argument deprived him of a fair trial. We find no merit in this issue and affirm. Second, he argues that his convictions for burglary with an assault or battery while armed with a firearm and aggravated assault with a firearm violated double jeopardy. We agree.

The appellant was charged with burglary of a dwelling with an assault or battery upon Y.J. while armed with a firearm (Count I), aggravated assault upon Y.J. with a firearm (Count II), burglary of a dwelling with an assault…

2Cases cited4 opinions

  1. Pizzo v. StateSupreme Court of Florida · 2006
  2. Estremera v. StateDistrict Court of Appeal of Florida · 2013
  3. White v. StateDistrict Court of Appeal of Florida · 2000
  4. Sanders v. StateDistrict Court of Appeal of Florida · 2011

3Cited by7 opinions

  1. McGhee v. StateDistrict Court of Appeal of Florida · 2014
  2. Farrier v. StateDistrict Court of Appeal of Florida · 2014
  3. Tambriz-Ramirez v. StateDistrict Court of Appeal of Florida · 2017
  4. Michael Lee Smith v. State of FloridaDistrict Court of Appeal of Florida · 2015
  5. Diego Tambriz-Ramirez v. State of FloridaSupreme Court of Florida · 2018

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