Diego Tambriz-Ramirez, Petitioner v. State of Florida, Respondent.

Summary

The court approved the district court’s conclusion that separate convictions and sentences for burglary with an assault or battery, aggravated assault, and attempted sexual battery arising from one criminal episode do not violate double jeopardy. Applying the statutory elements test, the court held that the analysis must disregard the charging document and trial proof and that none of the challenged offenses is subsumed within burglary or is merely a degree of the same offense. Justice Quince, dissenting, would have considered the charged and proven conduct and found double jeopardy barred the burglary and aggravated-assault convictions.