SC07-2256 – Eli Enrique Valdes v. State of Florida

State: Florida

Docket No: SC07-2256

Case Date: 01/30/2009

Preview:Supreme Court of Florida
____________ No. SC07-2256 ____________ ELI ENRIQUE VALDES, Petitioner, vs. STATE OF FLORIDA, Respondent. [January 30, 2009] PARIENTE, J. The issue before us involves double jeopardy--specifically whether dual convictions for discharging a firearm from a vehicle within 1000 feet of a person in violation of section 790.15(2), Florida Statutes (2003), and shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (2003), arising from the same criminal episode, violate double jeopardy. The Third District Court of Appeal in Valdes v. State, 970 So. 2d 414 (Fla. 3d DCA 2007), concluded that no double jeopardy violation occurred from the dual convictions and certified conflict with Lopez-Vazquez v. State, 931 So. 2d 231 (Fla. 5th DCA 2006), which

reached the opposite conclusion. We have jurisdiction. See art. V,

Download SC07-2256 – Eli Enrique Valdes v. State of Florida.pdf