STATE v. MARTINEZ

No. 3D11-696.

103 So.3d 1013 (2012)

The STATE of Florida, Appellant, v. Rolando MARTINEZ, Appellee.

District Court of Appeal of Florida, Third District.

December 26, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Natalia Costea , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, Eleventh Judicial Circuit, Howard K. Blumberg , Assistant Public Defender, Erik D. Kverne , Certified Legal Intern, and Shanna Lee Valentine , Legal Intern, for appellee.

Karen M. Gottlieb ; Greenberg Traurig and Elliot Scherker for the Florida Association of Criminal Defense Lawyers and the Miami Chapter of the Florida Association of Criminal Defense Lawyers as amicus curiae.

Before SALTER and LOGUE, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

As a result of an incident on May 17, 2010, in which the defendant-appellee struck his wife with a hot iron leaving a permanent burn mark on her leg, he was charged with one count of simple battery and two of aggravated battery. Before trial, however, the defendant entered into a bargain in which he pled to one count of simple battery and one count of aggravated battery in return for a withhold of adjudication and — although the sentencing...

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