Rivera-Rivera v. State

District Court of Appeal of Florida

Rivera-Rivera v. State

65 So. 3d 1160, 2011 Fla. App. LEXIS 11411, 2011 WL 2923701

CourtDistrict Court of Appeal of Florida

DecidedJuly 22, 2011

DocketNo. 5D10-2516

StatusPublished

This text of 65 So. 3d 1160 (Rivera-Rivera 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.

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Rivera-Rivera v. State, 65 So. 3d 1160, 2011 Fla. App. LEXIS 11411, 2011 WL 2923701 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

We affirm without discussion, Pacu Rivera-Rivera’s convictions for robbery with a firearm, false imprisonment with a firearm, aggravated assault with a firearm, attempted robbery, aggravated battery with a firearm, and false imprisonment with a weapon. However, double jeopardy principles preclude Rivera’s separate convictions for battery and simple assault. As to the battery conviction, the State correctly concedes error, as the battery was subsumed by the greater offense of aggravated battery. See Skriver v. State, 861 So.2d 1290 (Fla. 5th DCA 2004). For the reason explained in Latimer v. State, 44 So.3d 1239 (Fla. 5th DCA 2010), we also vacate the simple assault conviction.

Accordingly, we reverse both the battery and assault convictions and remand with instructions to vacate those convictions.

AFFIRMED in part; REVERSED in part; and REMANDED.

ORFINGER, C.J., PALMER and EVANDER, JJ., concur.

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PER CURIAM.

We affirm without discussion, Pacu Rivera-Rivera’s convictions for robbery with a firearm, false imprisonment with a firearm, aggravated assault with a firearm, attempted robbery, aggravated battery with a firearm, and false imprisonment with a weapon. However, double jeopardy principles preclude Rivera’s separate convictions for battery and simple assault. As to the battery conviction, the State correctly concedes error, as the battery was subsumed by the greater offense of aggravated battery. See Skriver v. State, 861 So.2d 1290 (Fla. 5th DCA 2004). For the reason explained in Latimer v. State, 44 So.3d 1239 (Fla. 5th DCA 2010), we also vacate the simple assault conviction.

Accordingly, we reverse both the battery and assault convictions and remand with instructions to vacate those convictions.

AFFIRMED in part; REVERSED in part; and REMANDED.

ORFINGER, C.J., PALMER and EVANDER, JJ., concur.

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65 So. 3d 1160, 2011 Fla. App. LEXIS 11411, 2011 WL 2923701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-rivera-v-state-fladistctapp-2011.

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