SAMUEL ORTIZ-LOPEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2014-11-21
No. 2D13-1126
CASANUEVA and KHOUZAM, JJ., Concur.
153 So. 3d 313 Florida District Court of Appeal, Second District (2014) Positive Treatment
Cited by 2 cases

Opinion of the Court
MORRIS, Judge.

MORRIS, Judge.

Samuel Ortiz-Lopez appeals his judgment and sentence for first-degree murder. We conclude that the trial court’s denial of his motion for continuance did not result in a palpable abuse of discretion. See Chavez v. State, 48 So.3d 1022, 1024 (Fla. 2d DCA 2010) (citing M.D.B. v. State, 952 So.2d 590 (Fla. 2d DCA 2007)). Likewise, we conclude that there was no abuse of discretion in the admission of testimony concerning Ortiz-Lopez’s prior possession of a firearm. Cf. Agatheas v. State, 77 So.3d 1232 (Fla.2011).

Affirmed.

CASANUEVA and KHOUZAM, JJ., Concur.


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  • Robinson v. State, 205 So. 3d 584 (Fla. 2016)
    …LABARGA, C.J. Brian Michael Robinson seeks review of the decision of the First District Court of Appeal in Robinson v. State, 153 So. 3d 313 (Fla. 1st DCA 2014), on the ground that it expressly and directly conflicts with the decisions of the Second District Court of Appeal in State v. Perez, 72 So. 3d 306 (Fla. 2d DCA 2011), and Netherly v. State, 804 So. 2d 433 (Fla. 2d DCA 2001), on a…
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  • State v. Amriesh Soebhag, 163 So. 3d 672 (Fla. 2d DCA 2015)
    …dment that added the statutory language discussed above. See ch. 97-90, § 1, at 514, Laws of Fla. (adding the pertinent provisions to section 775.15(5) and (6)). For this reason, we are not in conflict with the First District. Cf. Robinson v. State, 153 So. 3d 313 (Fla. 1st DCA 2014) (holding that statute of limitations was tolled due to defendant’s continuous absence from Florida; suggesting conflict with Netherly and Perez, 72 So. 3d 306). We reverse the order dismissing the information against Soebhag and…

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