Alex Munoz v. State
212 So. 3d 1146
| Fla. Dist. Ct. App. | 2017Background
- Defendant Alex Munoz was convicted by a jury of aggravated battery with a deadly weapon and simple battery in Orange County, Florida.
- The State conceded that convicting Munoz of both aggravated battery and simple battery violated double jeopardy because simple battery is a lesser-included offense subsumed by aggravated battery.
- Munoz moved for a downward departure under Fla. Stat. § 921.0026(2)(d), claiming he required specialized treatment for a physical disability and was amenable to treatment.
- The trial court found Munoz had a physical disability but denied the departure, stating there was no documentation showing DOC could not provide the necessary specialized treatment.
- Munoz argued the trial court’s denial improperly placed on him a burden to prove DOC unavailability of treatment, contrary to State v. Chubbuck.
- The Fifth District reversed the simple battery conviction, vacated the aggravated battery sentence, and remanded for resentencing because the record suggested the trial court may have misapplied the Chubbuck standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy from dual convictions (aggravated battery and simple battery) | State conceded simple battery conviction violated double jeopardy because it is a lesser-included offense | Munoz argued the convictions violate double jeopardy | Reversed simple battery conviction and sentence as lesser offense (double jeopardy) |
| Denial of downward departure under § 921.0026(2)(d) for physical disability | State defended trial court’s denial | Munoz argued court improperly required proof DOC could not provide specialized treatment, contrary to Chubbuck | Vacated aggravated battery sentence and remanded for resentencing because record suggested possible misapplication of Chubbuck; defendant need not prove DOC unavailability |
Key Cases Cited
- Rosado v. State, 129 So. 3d 1104 (Fla. 5th DCA 2013) (double jeopardy requires reversal of lesser-included conviction)
- State v. Tuttle, 177 So. 3d 1246 (Fla. 2015) (procedure for vacating lesser offense conviction when higher offense upheld)
- State v. Chubbuck, 141 So. 3d 1163 (Fla. 2014) (defendant need only prove disability, need for specialized treatment, and amenability; need not prove DOC cannot provide treatment)
- Shuler v. State, 947 So. 2d 1259 (Fla. 5th DCA 2007) (when record suggests misapplication of law on departure, vacate and remand for resentencing)