VICTOR CARABALLO v. THE STATE OF FLORIDA

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 22, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0031 Lower Tribunal No. F02-12509D ________________

Victor Caraballo, Appellant,

vs.

The State of Florida, Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ariana Fajardo Orshan, Judge.

Victor Caraballo, in proper person.

Ashley Moody, Attorney General, for appellee.

Before SCALES, MILLER, and GORDO, JJ.

PER CURIAM. Affirmed. See § 782.04(1)(a), Fla. Stat. (2002) (“[M]urder in the first

degree . . . constitutes a capital felony, punishable as provided in [section

775.082, Florida Statutes].”); § 775.082(1), Fla. Stat. (2002) (“A person who

has been convicted of a capital felony shall be punished by death[,] . . .

otherwise such person shall be punished by life imprisonment and shall be

ineligible for parole.”).