AMANDA LEAH TEIXEIRA
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant Teixeira challenged her conviction for 'Battery (Domestic)' and two related charges on grounds that the trial court erred in finding violations of her plea agreement and that no such crime exists in Florida law. The appellate court affirmed the conviction on the plea agreement issue but found merit in Teixeira's argument that 'Battery (Domestic)' is not a recognized Florida crime and remanded for correction.
The court held that Teixeira's challenge to the trial court's plea and pass agreement findings lacked merit and affirmed that portion. However, the court held that no crime titled 'Battery (Domestic)' exists in Florida law and remanded for correction of the judgment to reflect the crime of battery instead.
[1] A conviction for a non-existent crime must be corrected to reflect an existing crime.
[2] A trial court's findings that a defendant violated conditions of a plea agreement will be affirmed if they lack merit.
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“Appellant is correct that there is no crime in the State of Florida by the name of "Battery (Domestic)," a fact conceded by the State.”
Establishes that 'Battery (Domestic)' does not exist as a criminal statute in Florida, supporting the remand for judgment correction.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAmanda Teixeira was charged with one count of 'Battery (Domestic)' in case number 50-2019-MM-001135-AXXX-MB and one count of 'Battery (Domestic)' plus…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Judgment And Sentence cases and more on FLexlaw
421 Third Street
West Palm Beach, FL 33401
For Appellee: Joseph R. Kadis, Esq. Office of the State Attorney
401 North Dixie Highway
West Palm Beach, FL 33401
[email protected] [email protected]
PER CURIAM. Appellant, Amanda Teixeira, appeals her judgment and sentence for one count of “Battery (Domestic)” in case number 50-2019-MM-001135-AXXX-MB, and one count of “Battery (Domestic)” and one count of possession of drug paraphernalia in case number 50-2019-MM-001367-AXXX-MB. On appeal, Appellant argues that the trial court erroneously found Appellant violated two conditions of her plea and pass agreement with the State. She also argues that she was convicted of a non-existent crime. We hold that Appellant’s challenge to the trial court’s plea and pass agreement findings lacks merit and affirm without further comment. However, Appellant is correct that there is no crime in the State of Florida by the name of “Battery (Domestic),” a fact conceded by the State. See Narinesingh v. State, 27 Fla. L. Weekly Supp. 230a (Fla. 15th Cir. Ct. Apr. 22, 2019). Accordingly, we REMAND for the trial court to correct the judgment to reflect the existing crime of battery instead of “Battery (Domestic).” We AFFIRM in all other respects. CARACUZZO, GILLEN, and G. KEYSER, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CRIMINAL): AC
CASE NO.: 502019AP000056AXXXMB
L.T. NO.: 502019MM001135AXXXMB CASE NO.: 502019AP000057AXXXMB
L.T. NO.: 502019MM001367AXXXMB AMANDA LEAH TEIXEIRA,
Appellant,
Opinion/Decision filed: April 8, 2020
v. Appeal from County Court in and for Palm Beach County, Florida; STATE OF FLORIDA,
Judge Debra Moses Stephens. Appellee.
Appealed: April 12, 2019
____________________________/
DATE OF PANEL: MARCH 12, 2020
PANEL JUDGES: CARACUZZO, GILLEN, G. KEYSER
AFFIRMED/REVERSED/OTHER: AFFIRMED WITH INSTRUCTIONS
PER CURIAM OPINION/DECISION BY: PER CURIAM
CONCURRING: ) DISSENTING: ) CONCURRING SPECIALLY: )
) With/Without Opinion ) With/Without Opinion )
) ) ) /s/ Cheryl Caracuzzo______ ) _____________________ ) _________________________ ) DATE: J. ) J. ) J. )
)
)
) /s/ Jeffrey Gillen_________ ) _____________________ ) _________________________ ) DATE: J. ) J. ) J. )
)
)
) /s/ Gregory Keyser_______ ) _____________________ ) _________________________ ) DATE: J. ) J. ) J. )