CHRISTIAN JOHANDRY CASTRO
v.
THE STATE OF FLORIDA
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Verdict unanimity on a specific act supporting conviction is not required where the charged offense may be committed by alternative acts.
[1] When a single offense may be committed by alternative acts, the State may present multiple theories of commission without requiring jury unanimity on the specific act tha…
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Join FLexlaw to unlock all legal intelligenceChristian Johandry Castro appealed his conviction from Miami-Dade County Court. The conviction involved an offense capable of being committed through …
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Opinion filed February 19, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-2110 Lower Tribunal No. M23-15061
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Christian Johandry Castro,
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 Jennifer Thornton, Assistant Public Defender, for appellant. James Uthmeier, Attorney General, and Haccord J. Curry, Assistant Attorney General, for appellee. Before MILLER, GORDO, and BOKOR, JJ. PER CURIAM. Affirmed. See Blackwell v. State, 389 So. 3d 633, 635–36 (Fla. 3d DCA 2023) (holding verdict unanimity not required on a specific act supporting conviction where an offense may be committed by alternative acts); Perley v. State, 947 So. 2d 672, 674 (Fla. 4th DCA 2007) (“While the presentation of dual theories of a crime is allowable, this occurs when a defendant is charged with the commission of one crime, and the State presents two scenarios or bases supporting the commission of the crime.”); Barnett v. State, 121 So. 3d 643, 646 (Fla. 4th DCA 2013) (“The State’s opportunity to pursue alternative theories of the commission of a crime includes situations in which the information alleges more than one victim.”); Wallace v State, 724 So. 2d 1176, 1181 (Fla. 1998) (holding defendant’s resistance of two officers attempting to arrest him was “a single instance of obstruction”); Provow v. State, 14 So. 3d 1134, 1136 (Fla. 4th DCA 2009) (noting “a single count of resisting multiple officers” can “be proved by specifying [resistance of] either or both” officers).
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Citator
Cited By (58 total)
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Bautista v. State, 863 So. 2d 1180 (Fla. 2003)…he intended unit of prosecution and this ambiguity precluded the State from charging multiple counts based on the defendant’s simultaneous possession of multiple items of contraband. Watts, 462 So. 2d at 814. Twelve years later in Wallace v. State, 724 So. 2d 1176 (Fla.1998), we held that a defendant who resisted two officers during a single incident could be charged with only one crime because the statute prohibited resisting “any” officer. Id. at 1181. We analyzed the language of section 843.01, Florida Sta…
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Polite v. State, 973 So. 2d 1107 (Fla. 2007)…n criminal statutes are subject to competing, albeit reasonable, interpretations, they must be “strictly construed ... most favorably to the accused.” § 775.021(1), Fla. Stat.; accord State v. Byars, 823 So. 2d 740, 742 (Fla.2002); Wallace v. State, 724 So. 2d 1176, 1180 (FIa.1998). A. Construction of Section 843.01 Section 843.01 provides in pertinent part: Whoever knowingly and willfully resists, obstructs, or opposes any officer ... in the execution of legal process or in the lawful execution of any lega…
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Castro v. State, 389 So. 3d 633 (Fla. 3d DCA 2025)…r, and Jennifer Thornton, Assistant Public Defender, for appellant. James Uthmeier, Attorney General, and Haccord J. Curry, Assistant Attorney General, for appellee. Before MILLER, GORDO, and BOKOR, JJ. PER CURIAM. Affirmed. See Blackwell v. State, 389 So. 3d 633, 635–36 (Fla. 3d DCA 2023) (holding verdict unanimity not required on a specific act supporting conviction where an offense may be committed by alternative acts); Perley v. State, 947 So. 2d 672, 674 (Fla. 4th DCA 2007) (“While the presentation…
Previewing 3 of 58 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Castro v. State, 389 So. 3d 633 (Fla. 3d DCA 2025)
- Perley v. State, 947 So. 2d 672 (Fla. 4th DCA 2007)
- Barnett v. State, 121 So. 3d 643 (Fla. 4th DCA 2013)
- Provow v. State, 14 So. 3d 1134 (Fla. 4th DCA 2009)