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

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 2014

DocketNo. 1D13-2408

StatusPublished

This text of 135 So. 3d 581 (Jennings v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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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.

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Bluebook (online)

135 So. 3d 581, 2014 WL 1415200, 2014 Fla. App. LEXIS 5454, 39 Fla. L. Weekly Fed. D 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennings-v-state-fladistctapp-2014.