PUERTA DELFINO-RAMIREZ, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Florida, 894 So. 2d 941 (Fla. 2005)
  …est," Gaber, 684 So. 2d at 192, because even if the offenses are separate under that test, dual convictions are barred if the offenses meet the criteria in one of the exceptions. . The Fifth District also relied on its decision in McKowen v. State, 792 So. 2d 1251 (Fla. 5th DCA 2001), in which it held that there is no double jeopardy bar to convictions of battery on a law enforcement officer and attempted second-degree murder for a knife attack on the officer. The Fifth District employed only the "same elemen…
• Gutierrez v. State, 860 So. 2d 1043 (Fla. 5th DCA 2003)
  …ion occurred, this court held that the elements of the two crimes were different because attempted murder requires proof of an act that could have resulted in death, which is not an element required for aggravated battery. See also McKowen v. State, 792 So. 2d 1251 (Fla. 5th DCA 2001) (holding that convictions for battery on a police officer and attempted second-degree murder based on attack with knife did not violate double jeopardy). Gutierrez’s other claims were properly denied because they are procedurall…
• McKOWEN v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002)
  …to a term of 30 years imprisonment. He was also convicted of aggravated battery of a law enforcement officer, but no sentence was imposed thereon. On direct appeal, this court affirmed the defendant’s convictions and sentence. See McKowen v. State, 792 So. 2d 1251 (Fla. 5th DCA 2001). In his rule 3.800(a) motion, McKowen argued that his habitual offender sentence was illegal because section 775.0823 of the Florida Statutes (1999) required that he be sentenced pursuant to the Criminal Punishment Code. The tr…