Ortiz-Lopez v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SAMUEL ORTIZ-LOPEZ, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________ ) ) ) ) ) ) ) ) ) ) Case No. 2D13-1126 Opinion filed November 21, 2014. Appeal from the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge. Howard L. Dimmig, II, Public Defender, and J.L. "Ray" LeGrande, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Dawn A. Tiffin, Assistant Attorney General, Tampa, for Appellee. MORRIS, Judge. Samuel Ortiz-Lopez appeals his judgment and sentence for first-degree murder. We conclude that the trial court's denial of his motion for continuance did not result in a palpable abuse of discretion. See Chavez v. State, 48 So. 3d 1022, 1024 (Fla. 2d DCA 2010) (citing M.D.B. v. State, 952 So. 2d 590 (Fla. 2d DCA 2007)). Likewise, we conclude that there was no abuse of discretion in the admission of testimony concerning Ortiz-Lopez's prior possession of a firearm. Cf. Agatheas v. State, 77 So. 3d 1232 (Fla. 2011). Affirmed. CASANUEVA and KHOUZAM, JJ., Concur. -2-

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