· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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