RONALD BAKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McKNIGHT v. State, 906 So. 2d 368 (Fla. 5th DCA 2005)
  …ng the Blockburger test, but rather by asking what act the legislature intended as the ‘unit of prosecution’ under the statute.”) (citations omitted), cert. denied, 529 U.S. 1005, 120 S.Ct. 1272, 146 L.Ed.2d 221 (2000). . But see Lawrence v. State, 801 So. 2d 293 (Fla. 2d DCA 2001) (holding that the convictions for DUI manslaughter and leaving the scene of an accident arising out of one accident, although involving death as a common element, are not contrary to legislative intent and do not constitute double…
• Prentice Stanley v. State, 57 So. 3d 944 (Fla. 4th DCA 2011)
  …ourts have determined that “ ‘only one homicide conviction and sentence may be imposed for a single death.’ ” Rodriguez v. State, 875 So. 2d 642, 645 (Fla. 2d DCA 2004) (quoting Houser v. State, 474 So. 2d 1193, 1196 (Fla.1985)). Lawrence v. State, 801 So. 2d 293 (Fla. 2d DCA 2001) is on point. There, the court reasoned that the one homicide conviction per death rule did not apply when the crimes charged were leaving the scene of an accident involving death and DUI manslaughter. The court in Lam-ence held th…
• Kelly v. State, 987 So. 2d 1237 (Fla. 2d DCA 2008)
  …upon State v. Chapman, 625 So. 2d 838, 839 (Fla.1993), in which the supreme court determined that a single death could not support convictions for both DUI manslaughter and vehicular homicide. The defense attempts to distinguish Lawrence v. State, 801 So. 2d 293 (Fla. 2d DCA 2001) (en banc), the case upon which the State relies to argue that there is no double jeopardy violation and that all the convictions should be affirmed. In Lawrence this court determined that convictions for DUI manslaughter and leavi…

Authorities Cited

• Collins v. State, 559 So. 2d 1276 (Fla. 2d DCA 1990)