Ortiz-Lopez v. State

Full title: Samuel ORTIZ–LOPEZ, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Second District.

Date published: Nov 21, 2014

153 So. 3d 313 (Fla. Dist. Ct. App. 2014)

Opinion

No. 2D13–1126.

2014-11-21

Samuel ORTIZ–LOPEZ, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge. Howard L. Dimmig, II, Public Defender, and J.L. “Ray” LeGrande, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Dawn A. Tiffin, Assistant Attorney General, Tampa, for Appellee.

MORRIS

Appeal from the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge.
Howard L. Dimmig, II, Public Defender, and J.L. “Ray” LeGrande, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Dawn A. Tiffin, Assistant Attorney General, Tampa, for Appellee.
MORRIS, Judge.

Samuel Ortiz–Lopez appeals his judgment and sentence for first-degree murder. We conclude that the trial court's denial of his motion for continuance did not result in a palpable abuse of discretion. See Chavez v. State, 48 So.3d 1022, 1024 (Fla. 2d DCA 2010) (citing M.D.B. v. State, 952 So.2d 590 (Fla. 2d DCA 2007)). Likewise, we conclude that there was no abuse of discretion in the admission of testimony concerning Ortiz–Lopez's prior possession of a firearm. Cf. Agatheas v. State, 77 So.3d 1232 (Fla.2011).

Affirmed. CASANUEVA and KHOUZAM, JJ., Concur.