RIVERA v. STATE

Case No. 5D18-3385.

286 So.3d 930 (2019)

Marcos A. RIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed December 27, 2019.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Andrew Mich , Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.


Marcos A. Rivera ("Appellant") appeals his convictions for aggravated battery and battery, arguing they violate double jeopardy. Both crimes took place in a single criminal episode or transaction with no meaningful temporal break, involving a single victim at a single location, and the lesser offense of battery is subsumed by the greater...

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