CASTRO v. STATE (2025)

District Court of Appeal of Florida, Third District.

Christian Johandry CASTRO, Appellant, v. The STATE of Florida, Appellee.

No. 3D23-2110

Decided: February 19, 2025

Before MILLER, GORDO, and BOKOR, JJ.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant. James Uthmeier, Attorney General, and Haccord J. Curry, Pembroke Pines, Assistant Attorney General, for appellee.

Affirmed. See Blackwell v. State, 389 So. 3d 633, 635–36 (Fla. 3d DCA 2023) (holding verdict unanimity not required on a specific act supporting conviction where an offense may be committed by alternative acts); Perley v. State, 947 So. 2d 672, 674 (Fla. 4th DCA 2007) (“While the presentation of dual theories of a crime is allowable, this occurs when a defendant is charged with the commission of one crime, and the State presents two scenarios or bases supporting the commission of the crime.”); Barnett v. State, 121 So. 3d 643, 646 (Fla. 4th DCA 2013) (“The State's opportunity to pursue alternative theories of the commission of a crime includes situations in which the information alleges more than one victim.”); Wallace v State, 724 So. 2d 1176, 1181 (Fla. 1998) (holding defendant's resistance of two officers attempting to arrest him was “a single instance of obstruction”); Provow v. State, 14 So. 3d 1134, 1136 (Fla. 4th DCA 2009) (noting “a single count of resisting multiple officers” can “be proved by specifying [resistance of] either or both” officers).

PER CURIAM.

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