TORREVIO M. EALY
v.
STATE OF FLORIDA

Fla. 4th DCA | 2023-02-08
No. 2021-3002
Florida District Court of Appeal, Fourth District (2023) Positive Treatment

Opinion of the Court

PER CURIAM.

Affirmed. See State v. Brown, 310 So. 3d 1046, 1048-49 (Fla. 5th DCA 2020) (the defendant’s “consent to separate trials obviated any double jeopardy or collateral estoppel concerns,” and neither Burr v. State, 576 So. 2d 278 (Fla. 1991) nor State v. Perkins, 349 So. 2d 161 (Fla. 1977) stand “for the proposition that a separate Florida due process right bars the State from referencing [the defendant’s] firearm possession [addressed in an initial possession of firearm trial] during a second trial” addressing the other charges arising from the same incident).

WARNER, CIKLIN and FORST, JJ., concur.


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