RAMIREZ v. STATE

No. 3D04-2801.

928 So.2d 420 (2006)

William RAMIREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 26, 2006.


Attorney(s) appearing for the Case

Bennet H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellee.

Before GREEN and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.


CORTIÑAS, Judge.

The defendant, William Ramirez, appeals his conviction on the grounds that (1) the trial court abused its discretion in denying the defendant's motion for a continuance, and (2) the double jeopardy clause prohibited the defendant from being convicted of aggravated battery.

On June 30, 2003, a witness observed the defendant choking the victim, Bonnie Montak, around her neck. The defendant threatened to kill the victim and shouted that...

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