Christian Johandry Castro v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: February 19, 2025
• Docket: 3D2023-2110
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 19, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-2110 Lower Tribunal No. M23-15061 ________________

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).