ALEX D. GOODWIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court held that a defendant cannot be convicted and sentenced for both UBAL manslaughter and vehicular homicide arising from a single death, as these are aggravated forms of a single underlying offense distinguished only by degree factors.
A defendant cannot be convicted and sentenced for both UBAL manslaughter and vehicular homicide arising from one death because they are aggravated forms of a single underlying offense.
[1] UBAL manslaughter and vehicular homicide arising from a single death constitute aggravated forms of a single underlying offense distinguished only by degree factors, prec…
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Join FLexlaw to unlock all legal intelligenceGoodwin was convicted and sentenced for both UBAL manslaughter and vehicular homicide arising out of one death.…
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PER CURIAM.
We have for review Goodwin v. State, 610 So. 2d 31 (Fla. 4th DCA 1992), which certified the following question of great public importance:
Whether a defendant can be convicted and sentenced for UBAL manslaughter and vehicular homicide arising out of one death?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Based on our opinion in Sirmons v. State, 634 So. 2d 153 (Fla.1994), we find that the two offenses at issue here are aggravated forms of a single underlying offense distinguished only by degree factors. Multiple punishments thus are not allowed. Section 775.021(4)(b)2., Fla.Stat. (1989). See also Houser v. State, 474 So. 2d 1193 (Fla.1985).
For that reason, we answer the certified question in the negative, quash the decision below to the extent it is inconsistent with this opinion, and remand for further proceedings consistent with our views here and with Sirmons. We disapprove the opinion in Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991), to the extent it is inconsistent with this opinion. We decline to address the other issues raised by the parties, which lie beyond the scope of the certified question.
It is so ordered.
BARKETT, C.J., and OVERTON, MCDONALD, SHAW, KOGAN and HARDING, JJ., concur. GRIMES, J., concurs with an opinion, in which SHAW and HARDING, JJ., concur.
GRIMES, Justice,
concurring.
I dissented to our decision in Sirmons v. State, 634 So. 2d 153 (Fla.1994). However, I believe that the Legislature could not have intended that a defendant could be convicted of two crimes of homicide for killing a single person.
SHAW and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Bryon Gordon v. State, 780 So. 2d 17 (Fla. 2001)…dissenting opinion, Justice Grimes noted that the crimes were entirely separate, and the effect of the majority decision was to reinvigorate the Carawan analysis. See id. at 156-57 (Grimes, J., dissenting). We reaffirmed Sirmons in Goodwin v. State, 634 So. 2d 157 (Fla.1994), where we held that dual convictions for UBAL (unlawful blood alcohol level) manslaughter and vehicular homicide arising out of one death violated the Double Jeopardy Clause. We concluded that these two offenses were “aggravated forms of…
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State v. Florida, 894 So. 2d 941 (Fla. 2005)…ide is not the core offense for attempted homicide.5 This Court has consistently stated that degree variants are “aggravated forms” of the core or underlying offense. [*953] See Gordon, 780 So. 2d at 21; Sirmons, 634 So. 2d at 154; Goodwin v. State, 634 So. 2d 157, 157 (Fla.1994). Attempted second-degree murder is clearly not an aggravated form of the underlying offense of second-degree murder.6 Accordingly, the core offense for attempted second-degree murder must lie outside the homicide statute. I conclude…
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Thompson v. State, 650 So. 2d 969 (Fla. 1994)…PER CURIAM. We have for review Thompson v. State, 627 So. 2d 74 (Fla. 1st DCA 1993), which expressly and directly conflicts with the opinions in Sirmons v. State, 634 So. 2d 153 (Fla.1994), and Goodwin v. State, 634 So. 2d 157 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Based on a single sexual act, Thompson was convicted of sexual battery on a physically incapacitated victim in violation of section 794.011(4)(f), Florida Statutes (1991), and sexual…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sirmons v. State, 634 So. 2d 153 (Fla. 1994)
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)
- Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991)
- Goodwin v. State, 610 So. 2d 31 (Fla. 4th DCA 1992)