TIMOTHY TELLIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Timothy Tellier appealed his convictions for DUI manslaughter, DUI with property damage, and two leaving-the-scene charges. The court reversed his conviction for leaving the scene with injury due to double jeopardy concerns but affirmed his remaining convictions and remanded for resentencing.
The court held that convictions for both leaving the scene with injury and leaving the scene with death violate the double jeopardy clause where there was only one scene and one failure to stop, requiring vacation of the lesser offense. The court also held that Tellier's fair trial claim was unpreserved for appellate review because there was no record of the asserted outbursts and no mistrial motion was filed.
[1] Convictions for both leaving the scene of an accident with injury and leaving the scene of an accident with death violate the double jeopardy clause when arising from a s…
[2] When a double jeopardy violation occurs due to convictions for both a greater and lesser offense arising from the same incident, the conviction for the lesser offense mus…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“convictions for both leaving the scene of an accident with injury and leaving the scene of an accident with death violate the double jeopardy clause because there was only one scene and one failure to stop”
Establishes the core holding that duplicate leaving-the-scene convictions based on a single incident violate double jeopardy protections
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTellier was convicted of DUI manslaughter, DUI with damage to person or property, leaving the scene of an accident involving death, and leaving the sc…
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ANTOON, C.J.
Timothy Tellier appeals his convictions and sentences for DUI manslaughter,1 DUI with damage to a person or property,2 leaving the scene of an accident involving death,3 and leaving the scene of an accident involving serious bodily injury.4 We reverse Mr. Tellier’s conviction for the offense of leaving the scene of an accident with injury, but affirm his remaining convictions.
As Mr. Tellier asserts and the State concedes, convictions for both leaving the scene of an accident with injury and leaving the scene of an accident with death violate the double jeopardy clause because there was only one scene and one failure to stop. See Hoag v. State, 511 So. 2d 401 (Fla. 5th DCA), rev. denied, 518 So. 2d 1278 (Fla.1987). Accordingly, the lesser offense, the conviction for the offense of leaving the scene of an accident with injury, must be vacated. See Hardy v. State, 705 So. 2d 979 (Fla. 4th DCA 1998) (holding the appropriate remedy for a double jeopardy violation is to vacate the conviction for the lesser offense).
Mr. Tellier also argues that the conduct of the victim’s family as spectators of the trial denied him a fair trial, an assertion unpreserved for appellate review because there is no record of the asserted outbursts and no motion for mistrial was made. Cf. Torres-Arboledo v. State, 524 So. 2d 403 (Fla.) (intensity and effect of witness’s outburst cannot be gleaned from record where no mistrial motion was made and trial court made no determination whether outburst was so prejudicial as to require one), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102 L.Ed.2d 239 (1988).
We must remand for re-sentencing on all remaining convictions because the vacation of the conviction for leaving the scene of an accident with injury may affect the sentencing guideline score sheet computations,
AFFIRMED in part; REVERSED in part; REMANDED for re-sentencing.
DAUKSCH and W. SHARP, JJ„ concur. . § 316.193(1) and (3)(a)(b)3, Fla. Stat. (1997).
. § 316.193(3)(c) 1, Fla. Stat. (1997).
. §§ 316.062; 316.027(l)(b), Fla. Slat. (1997).
. §§ 316.062; 316.027(l)(a), Fla. Stat. (1997).
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Labovick v. State, 958 So. 2d 1065 (Fla. 4th DCA 2007)…on (Count IV). The defendant was sentenced to time served on the DUI count. Because the DUI conviction must be vacated, ordinarily a re-sentencing would be required on the remaining convictions due to the corrected scoresheet. See Tellier v. State, 754 So. 2d 88 (Fla. 5th DCA 2000). However, as the undisputed calculations show, [*1069] removing the .2 points for the DUI conviction would have a de minimis effect on the defendant’s twelve-year sentence, such that no new sentencing is required. See Colon v. St…
Authorities Cited
- Torres-Arboledo v. State, 524 So. 2d 403 (Fla. 1988)
- Hardy v. State, 705 So. 2d 979 (Fla. 4th DCA 1998)
- Ohio Power Co. v. Thomas, 488 U.S. 901 (U.S. 1988)
- Gen. Elec. Co. v. United States, 488 U.S. 901 (U.S. 1988)
- Hoag v. State, 511 So. 2d 401 (Fla. 5th DCA 1987)