Richardson v. State
The First DCA held that convictions for detainee battery under section 784.082(3) and felony battery based on a prior conviction under section 784.03(2), both arising from the same single punch, are degree variants of the same underlying offense of battery and thus violate double jeopardy under section 775.021(4)(b)2. The court vacated the felony-battery conviction and remanded for resentencing on the detainee battery count, while a dissent argued the two statutes address distinct legislative concerns and are not true degree variants.
Key facts
- Richardson was convicted in trial court of both detainee battery under section 784.082(3) and felony battery based on a prior conviction under section 784.03(2), with both convictions arising from a single punch.
- The First DCA reviewed whether the two convictions violated double jeopardy as degree variants of the same underlying offense of battery under section 775.021(4)(b)2.
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Why it matters
This opinion provides a concrete application of the Valdes degree-variant test to two commonly charged battery-enhancement statutes, giving defense counsel a template for challenging cumulative battery convictions… — full analysis with a trial
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