CARLOS GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Burglary With A Battery cases and more on FLexlaw
WARNER, C.J.
In challenging his convictions and sentences for sexual battery and simple battery as a lesser included offense of burglary with a battery, appellant raises two trial issues and challenges his dual convictions and sentences as a violation of double jeopardy. While we find no reversible error in the trial, we conclude that because there was one continuous offense in this case, and the battery was not separate from the sexual battery, double jeopardy prohibits the multiple convictions and punishments. See Pryor v. State, 755 So. 2d 155 (Fla. 4th DCA 2000). In the instant case, while the state argues that the appellant pushed the victim to the bed, which could be classified as a battery, that act was an integral part of the sexual battery, since it prevented the victim from escaping and facilitated the subsequent act. Cf. Saavedra v. State, 576 So. 2d 953 (Fla. 1st DCA 1991); Pulido v. State, 566 So. 2d 1388, 1389 (Fla. 3d DCA 1990).
We therefore affirm the conviction and sentence for sexual battery and vacate the conviction and sentence for battery.
GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Herrera v. State, 879 So. 2d 38 (Fla. 4th DCA 2004)…exual battery and battery. See Beltran v. State, 700 So. 2d 132 (Fla. 4th DCA 1997).1 However, if the battery is based on the same acts that form the basis for the sexual battery, double jeopardy prohibits dual convictions. [*42] In Garcia v. State, 769 So. 2d 449 (Fla. 4th DCA 2000), the defendant challenged his convictions for sexual battery and simple battery as a lesser included offense of burglary with a battery on the basis that the dual convictions violated double jeopardy. The act establishing the cla…
-
Firth v. State, 43 So. 3d 920 (Fla. 5th DCA 2010)…nd simple battery violate double jeopardy. Concluding that the simple battery, a category one lesser-included offense, arose from the same criminal episode as the sexual battery, we vacate the conviction on the simple battery count. Garcia v. State, 769 So. 2d 449, 449 (Fla. 4th DCA 2000). We affirm in all other respects. AFFIRMED IN PART; VACATED IN PART. GRIFFIN, ORFINGER and TORPY, JJ., concur.…
-
Romayne O. Morrison v. State, 227 So. 3d 221 (Fla. 5th DCA 2017)…endant can be convicted of both [attempted] sexual battery and battery. However, if the battery is based on the same acts that form the basis for the sexual battery, double jeopardy prohibits dual convictions.” (citations omitted)); Garcia v. State, 769 So. 2d 449, [*222] 449 (Fla. 4th DCA 2000) (“[B]ecause there was one continuous offense in this case, and the battery was not separate from the sexual battery, double jeopardy prohibits the multiple convictions and punishments.”). We therefore vacate Appellant…
Authorities Cited
- Saavedra v. State, 576 So. 2d 953 (Fla. 1st DCA 1991)
- Pryor v. State, 755 So. 2d 155 (Fla. 4th DCA 2000)
- Pulido v. State, 566 So. 2d 1388 (Fla. 3d DCA 1990)