STATE OF FLORIDA, PETITIONER,
v.
HAROLD COOPER, RESPONDENT
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We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The district court properly ruled that there can be but one penalty imposed for causing the death of a single victim. State v. Chapman, 625 So. 2d 838 (Fla.1993); Houser v. State, 474 So. 2d 1193 (Fla.1985). It is entirely appropriate to convict a person of both DUI manslaughter and driving while license is suspended, but it is inappropriate to enhance the degree of both crimes by-using a single homicide. Cooper was convicted of violating subsection 316.193(3)(c)(3), Florida Statutes (1991), a second-degree felony. He may also be convicted of violating subsection 322.34(1) or (2), Florida Statutes (1991), but not subsection 322.34(3) because he has already been punished for the death by the DUI manslaughter conviction.
We adopt the rationale and approve the decision of the district court of appeal.
It is so ordered.
BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
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Terranton Hunt v. State, 769 So. 2d 1109 (Fla. 2d DCA 2000)…ene of only one accident. Hunt also asserts that double jeopardy bars his conviction of both vehicular homicide/leaving the scene of an accident involving death and causing death while driving with a suspended license. We agree. In State v. Cooper, 634 So. 2d 1074, 1074-75 (Fla.1994), the Florida Supreme Court held that a defendant could not be convicted of both DUI manslaughter and causing death while driving with a suspended license. The Florida Supreme Court reasoned that a single death could not support b…
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Jeanie Melbourne v. State, 655 So. 2d 126 (Fla. 5th DCA 1995)…tally distinct. To treat them identically merely based on their structure in reliance on Boutwell would place the holding in Houser in doubt, and the supreme court has repeatedly and recently reiterated its satisfaction with Houser. State v. Cooper, 634 So. 2d 1074 (Fla.1994); Goodwin v. State, 634 So. 2d 157 (Fla.1994); State v. Chapman, 625 So. 2d 838 (Fla.1993); State v. Thompson, 607 So. 2d 422 (Fla.1992). Ms.. Melbourne did not improperly receive multiple convictions for one incident of driving under the…1 / 2
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Jackson v. State, 702 So. 2d 607 (Fla. 5th DCA 1997)…t by the prosecutor to have been improper, we nevertheless find that the curative instruction properly cured any potential harm and that the harmless error rule applies to this objection. We agree with Jackson, however, that under State v. Cooper, 634 So. 2d 1074 (Fla. 1994), his conviction for DWLS pursuant to section 322.34(3) (DWLS causing death or serious bodily injury) cannot stand because he was also convicted of DUI manslaughter and DUI with serious bodily injury. AFFIRMED in part; REVERSED in part…
Previewing 3 of 27 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)
- State v. Chapman, 625 So. 2d 838 (Fla. 1993)
- Cooper v. State, 621 So. 2d 729 (Fla. 5th DCA 1993)
- Glenn v. State, 621 So. 2d 729 (Fla. 3d DCA 1993)