KENNETH L. HENNINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the collective knowledge of police provided probable cause for a blood test, but restitution for damages related to acquitted charges is precluded by statute.
[1] Probable cause for a blood test exists when the collective knowledge of police officers provides sufficient grounds to believe a crime has been committed.
[2] A chemical analysis of blood is substantially in compliance with approved methods if it meets the statutory requirements.
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Join FLexlaw to unlock all legal intelligenceKenneth L. Henninger was convicted of DUI after being acquitted of DUI manslaughter and DUI involving simple injury. The conviction stemmed from a fat…
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PER CURIAM.
Kenneth L. Henninger appeals his single conviction and sentence for DUI, after being charged with and acquitted by a jury of the greater offenses of DUI manslaughter and DUI involving simple injury in connection with a head-on collision in which the driver of the other vehicle was fatally injured. We affirm the conviction and sentence, except for the restitution requirement which we are constrained to reverse.
In affirming, we agree with the trial court that suppression of the blood alcohol evidence was not warranted in this case, since the collective knowledge of the police officers provided the necessary probable cause to order the blood test. See Johnson v. State, 660 So. 2d 648, 657-58 (Fla.1995); Jackson v. State, 456 So. 2d 916 (Fla. 1st DCA 1984). Moreover, we find that the chemical analysis of Henninger’s blood was performed “substantially” in compliance with approved methods as required by section 316.1933(2)(b), Florida Statutes (1993).
We must reverse that portion of Hen-ninger’s sentence which requires restitution pursuant to section 775.089, Florida Statutes (1994 Supp.). In the sentence, in addition to imposing jail time and other punishment, the trial court ordered Henninger to make restitution of $12,819 to the family of the deceased driver for expenses related to that driver’s injury and death. Because the restitution ordered here relates solely to damages arising out of an injury and death of which Henninger was charged and acquitted by the jury, this restitution is precluded by the specific causation requirement in section 775.089. Carter v. State, 640 So. 2d 1237, 1238 (Fla. 1st DCA 1994) (condition requiring defendants to pay restitution for shooting victim’s death reversed where defendants were acquitted on the third degree murder charge); Barkley v. State, 585 So. 2d 418, 420 (Fla. 1st DCA 1991) (“[A] defendant may not be ordered to pay restitution for damages arising out of crimes of which he was acquitted”).
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
JOANOS, WOLF and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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State v. Johnson, 695 So. 2d 771 (Fla. 5th DCA 1997)…HARRIS and GRIFFIN, JJ., concur. . § 316.193, Fla.Stat. (1993). . State v. Perez, 587 So. 2d 630 (Fla. 3d DCA 1991). . State v. Durden, 655 So. 2d 215 (Fla. 1st DCA 1995). . State v. Jensen, 765 P. 2d 1028 (Colo.1988). . See Henninger v. State, 667 So. 2d 488 (Fla. 1st DCA 1996). . § 316.066(4), Fla.Stat. (1993). . See State v. Marshall, 695 So. 2d 719 (Fla. 3d DCA 1996), rev. granted, 689 So. 2d 1072 (Fla.1997). . See State v. Riley, 617 So. 2d 340 (Fla. 1st DCA 1993). . See Lindsey v. State, 636 So…
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State v. Webb, 753 So. 2d 145 (Fla. 3d DCA 2000)…695 So. 2d 771, 774 (Fla. 5th DCA 1997) (holding that “[ajlthough it may be hearsay, a police officer is justified in relying on what he or she is told by a fellow officer, in such instances to establish probable cause”) (citing Henninger v. State, 667 So. 2d 488 (Fla. 1st DCA 1996)), there is no record evidence that this is what [*146] occurred in this case. In fact, the record evidence affirmatively reflects that the ap-pellee’s blood was ordered to be drawn as nothing more than a standard operating proced…
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McELRATH v. State, 821 So. 2d 1210 (Fla. 5th DCA 2002)…ution on one [*1211] count of DUI resulting in serious bodily injury because McElrath was acquitted of that charge. A defendant cannot be ordered to pay restitution for damages arising out of crimes of which he was acquitted. See Henninger v. State, 667 So. 2d 488, 489 (Fla. 1st DCA 1996).…
Authorities Cited
- Johnson v. State, 660 So. 2d 648 (Fla. 1995)
- Jackson v. State, 456 So. 2d 916 (Fla. 1st DCA 1984)
- Barkley v. State, 585 So. 2d 418 (Fla. 1st DCA 1991)
- Carter v. State, 640 So. 2d 1237 (Fla. 1st DCA 1994)