RODOLFO CASTELLON
v.
STATE OF FLORIDA
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Rodolfo Castellon appealed his conviction and sentence for Battery (Domestic), challenging the trial court's evidentiary ruling and conviction. The appellate court affirmed the evidentiary ruling but reversed the conviction on the grounds that Battery (Domestic) is not a valid crime under Florida law, remanding for correction to reflect a Battery conviction instead.
The trial court did not abuse its discretion in precluding impeachment, but the conviction for Battery (Domestic) was improper because Battery (Domestic) is not a valid crime under Florida law. The case is remanded for correction of the judgment and sentence to reflect a conviction for Battery.
[1] A conviction for "Battery (Domestic)" is improper in Florida, as no such distinct crime exists.
[2] A judgment and sentence must be corrected to reflect a conviction for "Battery" when the charge was improperly labeled "Battery (Domestic)".
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we hold that the trial court erred in convicting Appellant of Battery (Domestic), as there is no such crime in the State of Florida”
Establishes the core holding that Battery (Domestic) is not a valid criminal offense under Florida law
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Join FLexlaw to unlock all legal intelligenceCastellon was convicted of Battery (Domestic) in the Circuit Court of Palm Beach County. At trial, Castellon attempted to impeach the victim with alle…
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421 Third Street, 6th Floor
West Palm Beach, FL 33401 [email protected] [email protected]
For Appellee: Joseph R. Kadis, Esq. Office of the State Attorney
401 North Dixie Highway
West Palm Beach, FL 33401
PER CURIAM.
Appellant, Rodolfo Castellon, appeals his judgment and sentence for one count of Battery (Domestic). Appellant asserts that the trial court abused its discretion in precluding him from impeaching the victim with alleged material omissions from her statement to police, and that the trial court erred in convicting him of Battery (Domestic). As to Appellant’s first argument, we affirm without comment. However, as to Appellant’s second argument, we hold that the trial court erred in convicting Appellant of Battery (Domestic), as there is no such crime in the State of Florida. Crockett v. State, 91 So. 3d 872, 872 (Fla. 2d DCA 2012); Narinesingh v. State, 27 Fla. L. Weekly Supp. 230a (Fla. 15th Cir. Ct. Apr. 22, 2019). Accordingly, we REMAND to the trial court to correct Appellant’s judgment and sentence to properly reflect that he was convicted and sentenced to Battery, and not Battery (Domestic). We otherwise AFFIRM in all other aspects.
G. KEYSER, GILLEN, and CARACUZZO, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CRIMINAL): AC
CASE NO.: 502019AP000112AXXXMB
L.T. NO.: 502019MM001907AXXXMB
RODOLFO CASTELLON,
Appellant,
Opinion/Decision filed: July 15, 2020
v. Appeal from the County Court in and for
Palm Beach County, Florida; STATE OF FLORIDA,
Judge Debra Moses Stephens
Appellee.
Appealed: July 29, 2019 _________________________/
DATE OF PANEL: JULY 14, 2020
PANEL JUDGES: G. KEYSER, GILLEN, CARACUZZO
AFFIRMED/REVERSED/OTHER: AFFIRM AND REMAND W/ INSTRUCTIONS
DECISION BY: PER CURIAM
CONCURRING: ) DISSENTING: ) CONCURRING SPECIALLY: )
) With/Without Opinion ) With/Without Opinion )
) ) ) /s/ Gregory M. Keyser ) _____________________ ) _________________________ ) DATE: 7/14/20 J. ) J. ) J. )
)
)
) /s/ Jeffrey Dana Gillen ) _____________________ ) _________________________ ) DATE: 7/14/20 J. ) J. ) J. )
)
)
) /s/ Cheryl A. Caracuzzo ) _____________________ ) _________________________ ) DATE: 7/14/20 J. ) J. ) J. )