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Walden v. State

District Court of Appeal of Florida, Fourth District.
May 7, 2014
137 So. 3d 1168 (Fla. Dist. Ct. App. 2014)

Opinion

No. 4D12–503.

2014-05-7

Jakall WALDEN, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case No. 432010CF000776C. Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melvin G. Mosier, Assistant Attorney General, West Palm Beach, for appellee.


Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case No. 432010CF000776C.
Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melvin G. Mosier, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

Jakall Walden appeals the denial of his motion to withdraw plea, as well as his two convictions for aggravated assault on a law enforcement officer and three convictions for high speed or wanton fleeing, claiming that such convictions violate double jeopardy. We affirm the trial court's rulings.

With regard to the multiple convictions for high speed or wanton fleeing, the record does not clearly indicate the number of officers and authorized law enforcement patrol vehicles that were involved in the chase. Because the record does not sufficiently demonstrate the necessary facts that we would need to resolve the issue, we affirm. See Boress v. State, 902 So.2d 852 (Fla. 5th DCA 2005) (citing Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979) (“[T]he decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”)).

Affirmed. WARNER, CONNER and FORST JJ., concur.


Summaries of

Walden v. State

District Court of Appeal of Florida, Fourth District.
May 7, 2014
137 So. 3d 1168 (Fla. Dist. Ct. App. 2014)
Case details for

Walden v. State

Case Details

Full title:Jakall WALDEN, Appellant, v. STATE of Florida, Appellee.

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

Date published: May 7, 2014

Citations

137 So. 3d 1168 (Fla. Dist. Ct. App. 2014)