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· 7/20/2010

Partch v. State

Citations

  • 43 So. 3d 758
  • 2010 Fla. App. LEXIS 10529
  • 2010 WL 2813567

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where the charges are not based on distinct acts, a court must determine whether the offenses satisfy the same elements test
  • explaining that where dual convictions are based on distinct acts, it is unnecessary to apply the same elements test
  • noting that the offenses of sexual battery and attempted sexual battery are degrees of the same crime, so conviction of both violated double jeopardy
  • “[N]either the charging information nor the jury verdict form included language clearly predicating the disputed charges on two distinct sex acts.”
  • “[Njeither the charging information nor the jury verdict form included language clearly predicating the disputed charges on two distinct sex acts.”
  • “Multiple punishments and convictions may rest on offenses occurring within differing criminal episodes.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wolf, Benton, Padovano

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.