Ramirez v. State
113 So. 3d 105
Fla. Dist. Ct. App.2013Background
- Ramirez slapped and strangled Bouzigard during a dispute about another relationship.
- Police pursued Ramirez and arrested him nearby; in the police car he attempted to strangle himself with a seatbelt.
- During arrest, Ramirez kicked Officer Diego Toruno.
- Ramirez was convicted of battery on a law enforcement officer and domestic battery by strangulation, plus two counts of felony battery (one prior).
- The trial court admitted the victim’s prior statement over objection.
- The court affirmed two convictions but vacated the two felony-battery convictions (one prior) as barred by double jeopardy; resentencing follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does double jeopardy bar two battery-based convictions? | Ramirez asserts the two degree-variant convictions violate double jeopardy. | State contends separate punishments are allowed under the statute/Blockburger analysis. | Double jeopardy bars two of the four battery convictions. |
| Was the victim's prior statement properly admitted over objection? | Ramirez challenges the admission of the prior statement. | State defends admission as admissible under applicable evidentiary rules. | Admission of the victim’s prior statement was not error. |
Key Cases Cited
- Valdes v. State, 3 So.3d 1067 (Fla. 2009) (Blockburger and degree/intent distinctions in multiple convictions)
- M.P. v. State, 682 So.2d 79 (Fla. 1996) (same transaction multiples; Blockburger framework)
- Blockburger v. United States, 284 U.S. 299 (1932) (tests for separate offenses based on elements)
- Miles v. State, 94 So.3d 662 (Fla. 5th DCA 2012) (application of multiplicity principles to battery offenses)
- Knowles v. State, 65 So.3d 597 (Fla. 4th DCA 2011) (battery on officer as aggravated form; underlying battery)
- Purdy v. State, 844 So.2d 758 (Fla. 5th DCA 2003) (battery on law enforcement officer as enhanced form of battery)
- Harris v. State, 111 So.3d 922 (Fla. 1st DCA 2013) (treatment of felony battery and simple battery)
- In re Std. Jury Instrs. in Crim. Cases-Report No. 2008-05, 994 So.2d 1038 (Fla. 2008) (promulgation of jury instructions on battery offenses)
- State v. Crumley, 512 So.2d 188 (Fla. 1987) (historical treatment of aggravated vs simple battery)