5D03-305 Rodolfo Ramos v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-305

Case Date: 01/26/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

RODOLFO RAMOS, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed January 30, 2004 Appeal from the Circuit Court for Orange County, John H. Adams, Judge. James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. CASE NO. 5D03-305

Ramos appeals from his judgment and sentences for having committed burglary of a dwelling with an assault or battery, 1 sexual battery,2 third degree grand theft,3 and misdemeanor battery. 4 Ramos raises numerous points on appeal, including the inadequacy of a Nelson hearing,5 held by the trial court when he questioned the "competency" of his trial counsel, improper admission of testimony which he claims violated his right to remain silent, the state's violation of the corpus delicti rule by admitting his admission prior to proof of the crimes, the trial court's error in denying his request to remove his shackles on the third and last day of trial, violation of the double jeopardy rule by allowing dual convictions for burglary with a battery, sexual battery and simple battery, and his erroneous conviction of grand theft because the state failed to prove the items stolen were worth $300.00 or more. We affirm on all points except his conviction for grand theft. Ramos was charged and convicted of third degree grand theft, which requires that the state establish the property stolen is valued at $300.00 or more but less than $5,000.00.

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