Jennings v. State

District Court of Appeal of Florida

Jennings v. State

135 So. 3d 581, 2014 WL 1415200, 2014 Fla. App. LEXIS 5454, 39 Fla. L. Weekly Fed. D 777

Procedural entryThis page is a short order in Jennings v. State. Read the opinion of the Court — 2013 Fla. App. LEXIS 14462 →

District Court of Appeal of Florida·Decided April 14, 2014·No. No. 1D13-2408·Published

Opinion

PER CURIAM.

The appellant appeals his conviction for one count of domestic battery by strangulation, arguing that the State failed to produce any evidence regarding the nature of his relationship with the victim. The State concedes that the evidence at trial was insufficient to support the domestic battery by strangulation charge. Accordingly, we reverse the appellant’s conviction for domestic battery by strangulation and remand for resentencing under a corrected scoresheet. The appellant’s judgment and sentence is otherwise affirmed.

AFFIRMED in part, REVERSED in part.

ROBERTS, WETHERELL, and OSTERHAUS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant appeals his conviction for one count of domestic battery by strangulation, arguing that the State failed to produce any evidence regarding the nature of his relationship with the victim. The State concedes that the evidence at trial was insufficient to support the domestic battery by strangulation charge. Accordingly, we reverse the appellant’s conviction for domestic battery by strangulation and remand for resentencing under a corrected scoresheet. The appellant’s judgment and sentence is otherwise affirmed.

AFFIRMED in part, REVERSED in part.

ROBERTS, WETHERELL, and OSTERHAUS, JJ., concur.

Jennings v. State, 135 So. 3d 581, 2014 WL 1415200, 2014 Fla. App. LEXIS 5454, 39 Fla. L. Weekly Fed. D 777 (Fla. Ct. App. 2014).

Pincite

135 So. 3d 581 (Jennings v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.