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

Summary

The Florida Supreme Court affirmed the Fourth District Court of Appeal’s decision that the petitioner’s aggravated assault, attempted sexual battery, and burglary with assault or battery convictions do not violate the double jeopardy prohibition because each offense requires an element the others do not. The Court rejected the contrary holdings of several First and Fifth District decisions and clarified the proper statutory analysis.