JACQULINE BUDDOO
v.
THE STATE OF FLORIDA
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Jacquline Buddoo appeals her jury trial conviction for battery under Florida Statute § 784.03. The Florida District Court of Appeal, Third District affirmed the conviction.
The court affirmed Buddoo's battery conviction.
[1] Jury instruction errors are reviewed under the contemporaneous objection rule, and absent a timely objection at trial, relief is available only upon demonstration of fund…
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Join FLexlaw to unlock all legal intelligence“The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to another person”
Statutory definition of battery under Florida law that governs the charge
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Join FLexlaw to unlock all legal intelligenceJacquline Buddoo was convicted by jury trial on August 23, 2022 for the offense of battery. The opinion does not detail the specific facts of the alle…
The full statement of facts, procedural history, and disposition for this case are member content.
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Opinion filed April 10, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1587 Lower Tribunal No. M22-11385
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Jacquline Buddoo,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the County Court for Miami-Dade County, Cristina Rivera Correa, Judge. Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee. Before EMAS, FERNANDEZ and SCALES, JJ. PER CURIAM. Jacquline Buddoo appeals her August 23, 2022 conviction, after a jury trial, for the offense of battery. We affirm. See § 784.03, Fla. Stat. (2022) (“The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to another person”); Knight v. State, 286 So. 3d 147, 151 (Fla. 2019) (“Jury instruction errors are subject to the contemporaneous objection rule. In the absence of a contemporaneous objection at trial, a jury instruction error is only subject to relief in the event of fundamental error.”) (citations omitted); Tomas v. State, 126 So. 3d 1086, 1088 (Fla. 4th DCA 2012) (holding that a failure to give a jury instruction on a foreign language recording translation was not fundamental error because such an instruction would “not go to an essential element of the offenses charged”); see also Fernandez v. State, 786 So. 2d 38, 41 (Fla. 3d DCA 2001).
Affirmed.
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Citator
Authorities Cited
- Knight v. State, 286 So. 3d 147 (Fla. 2019)
- Fernandez v. State, 786 So. 2d 38 (Fla. 3d DCA 2001)
- Flavio Tomas v. State, 126 So. 3d 1086 (Fla. 4th DCA 2012)