Lopez v. State
97 So. 3d 301
Fla. Dist. Ct. App.2012Background
- Lopez was convicted of first-degree murder and related crimes arising from a robbery at Pulido’s home.
- A cofelon, Boswell, participated; Lopez admitted involvement and used a tire iron during the crime.
- A note written by Lopez to an inmate, Brazell, detailing the crimes was admitted to prove authenticity.
- Lopez challenged an independent acts instruction, the admissibility of the notes, and double jeopardy for two robbery-with-a-firearm convictions.
- The jury sentenced Lopez to life for multiple counts and five years concurrent for cruelty to animals and grand theft.
- The trial court denied the independent acts instruction and admitted the notes; on appeal the court vacates one robbery conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Independent acts instruction denial | Lopez | Lopez | Instruction properly refused |
| Admission of jail notes | Lopez | Brazell | Notes authenticated; properly admitted |
| Double jeopardy for two robbery-with-firearm convictions | Lopez | State | One conviction vacated; single forcible taking |
Key Cases Cited
- Ray v. State, 755 So.2d 604 (Fla. 2000) (no independent act instruction where murder follows felonious plan)
- Wagner v. State, 921 So.2d 38 (Fla. 4th DCA 2006) (no instruction where murder in furtherance of felonious scheme)
- Dell v. State, 661 So.2d 1305 (Fla. 3d DCA 1995) (independent act doctrine referenced)
- Hussain v. State, 67 So.3d 307 (Fla. 4th DCA 2011) (double jeopardy concerns in multiple robbery convictions)
- Lundy v. State, 614 So.2d 674 (Fla. 4th DCA 1993) (one taking permits one robbery conviction)
- Taylor v. State, 589 So.2d 997 (Fla. 1st DCA 1991) (two employees harmed but one taking supports single conviction)