Tambriz-Ramirez v. State
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Defendant’s convictions for aggravated assault, attempted sexual battery, and burglary with an assault or battery, which arose during a single criminal episode, did not violate the prohibition against double jeopardy.
The Fourth District Court of appeal held that because burglary with an assault or battery does not necessarily include an aggravated assault or attempted sexual battery, Defendant’s convictions did not violate the prohibition against double jeopardy. The Supreme Court approved the decision below and disapproved conflicting decisions to the extent that they conflicted with this opinion, holding that Defendant’s convictions were different offenses, prohibited by different statutes, and criminalized different conduct, and therefore, the convictions did not violate the prohibition against double jeopardy.
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