STATE OF FLORIDA, PETITIONER,
v.
CLIFFORD WAYNE GORDON, RESPONDENT; CLIFFORD WAYNE GORDON, PETITIONER, V. STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reviewed a case where a defendant was convicted of second-degree murder and DWI manslaughter for a single homicide. The court affirmed the conviction for second-degree murder but vacated the DWI manslaughter conviction, holding that the legislature did not intend for a single homicide to be punished under two different statutes, consistent with double jeopardy principles.
The court held that DWI manslaughter is not a lesser included offense of second-degree murder and that the Double Jeopardy Clause bars convictions and separate sentences for both crimes when they arise from a single homicide, as the legislature did not intend to punish a single homicide under two different statutes.
“the legislature did not intend to punish a single homicide under two different statutes.”
Establishes the legislative intent regarding multiple charges for a single homicide.
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Join FLexlaw to unlock all legal intelligenceClifford Wayne Gordon was convicted of second-degree murder, DWI manslaughter, and leaving the scene of an accident with injuries for a single homicid…
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OVERTON, Justice.
This is a petition to review Gordon v. State, 457 So. 2d 1095 (Fla. 5th DCA 1984), in which Gordon was convicted and sentenced for second-degree murder, DWI manslaughter, and leaving the scene of an accident with injuries. The district court of appeal affirmed the sentence for second-degree murder, but vacated the DWI manslaughter conviction, certifying the follow ing three questions to be of great public importance:
I.IS DWI MANSLAUGHTER A POSSIBLY LESSER INCLUDED OFFENSE OF SECOND DEGREE MURDER?
II.DOES THE DOUBLE JEOPARDY CLAUSE OF FLORIDA’S OR THE UNITED STATES’ CONSTITUTIONS BAR CONVICTIONS FOR BOTH OF THESE CRIMES IN A SINGLE CRIMINAL PROSECUTION WHERE THERE WAS ONLY ONE HOMICIDE VICTIM?
III.DOES THE DOUBLE JEOPARDY CLAUSE OF FLORIDA’S OR THE UNITED STATES’ CONSTITUTIONS BAR IMPOSITION OF SEPARATE SENTENCES FOR THE CONVICTIONS OF THESE TWO CRIMES RENDERED IN A SINGLE CRIMINAL PROSECUTION, WHERE THERE WAS ONLY ONE HOMICIDE VICTIM?
457 So. 2d at 1098. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently addressed and answered the substance of these questions in Houser v. State, 474 So. 2d 1193 (Fla.1985), approving consistent findings by the district courts that “the legislature did not intend to punish a single homicide under two different statutes.” At 1197. We reject Gordon’s contention that the jury rendered inconsistent verdicts and that he is, therefore, entitled to a new trial.
For the reasons expressed in our Houser decision, we approve the decision of the district court.
It is so ordered.
BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)
- Gordon v. State, 457 So. 2d 1095 (Fla. 5th DCA 1984)