Eduardo Juliao v. State
149 So. 3d 1151
Fla. Dist. Ct. App.2014Background
- Juliao was convicted in Broward County Circuit Court of aggravated battery, false imprisonment, felony battery, tampering with a witness, and two counts of battery; domestic battery was narrowed to battery.
- All offenses arose from a single criminal episode in the couple's apartment with Juliao's wife as the victim.
- The jury found him guilty on all counts except domestic battery by strangulation, for which the lesser offense of battery was found.
- The trial court sentenced him on each charged offense.
- On appeal, Juliao raises five issues, including two double jeopardy challenges; the State concedes some multiplicity problems.
- The Fourth District reverses on the two double jeopardy issues, affirms the others, and remands to vacate the subsumed convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy under Blockburger | Juliao argues multiplicity violates Blockburger rules. | State concedes felony battery is subsumed by aggravated battery and that the two battery counts share the same conduct. | Felony battery vacated; remand to vacate other battery conviction |
| Multiplicity of two battery convictions based on same conduct | Juliao contends separate battery convictions stand apart. | Same conduct required identical elements; one battery conviction should be vacated. | One battery conviction vacated; remanded to vacate |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (two offenses with different elements may constitutionally coexist)
- Ramirez v. State, 113 So. 3d 105 (Fla. 5th DCA 2013) (Blockburger analysis in Florida cases)
- Valdez v. State, 3 So. 3d 1067 (Fla. 2009) (explaination of lesser offenses and subsumed elements)
- Tannihill v. State, 848 So. 2d 442 (Fla. 4th DCA 2003) (double jeopardy as fundamental error may be raised on appeal)
- State v. Paul, 934 So. 2d 1167 (Fla. 2006) (legal standard for double jeopardy review in Florida)