JOHN MARTIN HIGDON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that vehicular homicide is not a necessarily lesser included offense of DWI manslaughter.
Defendant was charged with manslaughter by driving while intoxicated. The issue arose from the classification of vehicular homicide as a lesser includ…
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EHRLICH, Justice.
This case is before us to answer a question certified by the district court to be of great public importance, to wit:
IS THE SCHEDULE OF LESSER INCLUDED OFFENSES PROMULGATED BY THE FLORIDA SUPREME COURT IN 1981 IN ERROR IN CLASSIFYING VEHICULAR HOMICIDE (§ 782.071) AS A NECESSARILY LESSER INCLUDED OFFENSE OF D.W.I. MANSLAUGHTER (§ 860.01)?
Higdon v. State, 465 So. 2d 1309, 1311 (Fla. 5th DCA 1985). We have jurisdiction. Art. V, § 3(b)(5), Fla. Const. We answer the certified question in the affirmative. Houser v. State, 474 So. 2d 1193 (Fla.1985).1 We adopt the reasoning of the dissent of Judge Dauksch to the decision below. 465 So. 2d at 1311. See, e.g., Ray v. State, 231 So. 2d 813 (Fla.1969). We quash the decision of the district court and remand for action in accord with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, SHAW and BARKETT, JJ., concur. McDONALD, J., concurs in result only.
. Defendant was charged by information with two counts (2 victims) of manslaughter by driving while intoxicated pursuant to section 860.01, Florida Statutes (1981). If he had also been charged with vehicular homicide pursuant to section 782.071, Florida Statutes (1981), the present problem would not have arisen.
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Byrd v. State, 531 So. 2d 1004 (Fla. 5th DCA 1988)…a reckless manner likely to cause the death of or great bodily harm to another, and that there be a causal relationship between that recklessness and the victim’s death. Higdon v. State, 465 So. 2d 1309 (Fla. 5th DCA 1985), quashed on other grounds, 490 So. 2d 1252 (Fla.1986). The degree of negligence necessary to sustain a conviction for vehicular homicide falls short of culpable negligence but is more than a mere failure to use ordinary care. McCreary v. State, 371 So. 2d 1024 (Fla.1979). In the present cas…
Previewing 3 of 29 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)
- Jetson RAY v. State, 231 So. 2d 813 (Fla. 1969)
- Higdon v. State, 465 So. 2d 1309 (Fla. 5th DCA 1985)