DONNA R. LAWRENCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-12-14
No. 2D00-264
BLUE, C.J., THREADGILL, PARKER, FULMER, WHATLEY, NORTHCUTT, GREEN, CASANUEVA, SALCINES, STRINGER, DAVIS, SILBERMAN, and COVINGTON, JJ., Concur.
801 So. 2d 293 Florida District Court of Appeal, Second District (2001) Caution
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Convictions for DUI manslaughter and leaving the scene of an accident involving death arising from a single incident do not violate double jeopardy principles or legislative intent.


Headnotes

[1] Convictions for DUI manslaughter and leaving the scene of an accident involving death arising from a single accident do not violate double jeopardy.

[2] The offense of leaving the scene of an accident involving death requires proof of involvement in an accident resulting in death, but not necessarily causation of the deat…

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

Facts & Procedural History

The defendant, while intoxicated, struck and killed a pedestrian with her car and then left the scene. She was convicted of both DUI manslaughter and …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

Donna R. Lawrence appeals a judgment adjudicating her guilty of DUI manslaughter and leaving the scene of an accident involving death. We affirm Ms. Lawrence’s convictions for both offenses. Even though both offenses include death as an element, convictions for both of these offenses based upon one accident are not contrary to legislative intent and do not constitute double jeopardy. Our affir-mance requires that we recede from our prior opinion in Pelham v. State, 771 So. 2d 1254 (Fla. 2d DCA 2000).

On September 24, 1998, at approximately midnight, Ms. Lawrence hit and killed a pedestrian with her car. She was intoxicated. She left the scene of this accident. She was charged with DUI manslaughter and leaving the scene of an accident involving death. A jury found Ms. Lawrence guilty of both charges. The trial court adjudicated her guilty and sentenced her to concurrent terms for each count of twelve years in prison followed by three years’ probation.

The issue now on appeal is whether a single death can support both of Ms. Lawrence’s convictions. Under current law, these two convictions do not violate double jeopardy. See Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). See also § 775.021(4)(b)(l), Fla. Stat. (1997); Gordon v. State, 780 So. 2d 17, 19-20 (Fla.2001). The two offenses each require proof of an element that the other does not. Compare § 316.193(3)(c)(3), Fla. Stat. (Supp.1998), with § 316.027(l)(b), .062(2), Fla. Stat. (1997). In addition, the two offenses are not degrees of the same offense, nor is one offense a lesser offense subsumed by the greater offense. § 775.021(4)(b)(2), (3).

Ms. Lawrence argues that she cannot be convicted for both of these crimes because the legislature did not intend that a single death could be used to “enhance” two different crimes, relying upon this court’s opinion in Pelham, 771 So. 2d 1254. In Pelham, the defendant was convicted of the identical offenses that Ms. Lawrence was convicted of in this case. Based upon the State’s concession of error in that case, this court concluded that the two convictions “enhanced” by a single death were improper. This court ordered that Pel-ham’s lesser conviction for leaving the scene of an accident involving death be vacated.

In Pelham, this court relied on State v. Chapman, 625 So. 2d 838 (Fla.1993), and State v. Cooper, 634 So. 2d 1074 (Fla.1994), in rendering its decision. Those cases held that the legislature did not intend to impose more than one penalty for causing the death of a single victim. We now conclude, however, .that Chapman and Cooper are distinguishable from Pelham and this case in several respects. First, unlike in Chapman where the defendant was convicted of DUI manslaughter and vehicular homicide, Ms. Lawrence was not punished under two separate homicide statutes for a single death. Instead, in this case Ms. Lawrence was convicted of a homicide charge and a subsequent traffic felony.

Second, in Cooper the defendant was charged with both DUI manslaughter and driving while license suspended and carelessly or negligently causing the death of another human being. Again, both offenses included an element of' causation. Thus, the defendant in that case, as in Chapman, was punished twice for causing a death, even though only one death occurred.

In this case, although the offense of leaving the scene of an accident involving death requires a showing that the defendant was involved in an accident resulting in death, it does not require a showing that the defendant actually caused the death. § 316.027(l)(b), Fla. Stat. (1997). Ms. Lawrence was only charged with one offense that included an element of causation, the DUI manslaughter charge. Thus, Ms. Lawrence was appropriately punished once for having caused one death.

Finally, we note that in both Chapman and Cooper the defendants were each convicted of two offenses that stemmed from a single act. The defendant in each case committed the offenses simultaneously. Here, Ms. Lawrence’s offenses arose from two separate acts that occurred sequentially. She first operated her vehicle while intoxicated and caused a death. Thereafter, she left the scene of the accident when she knew or should have known of the death.

Thus, we now recede from Pelham because we conclude that Ms. Lawrence’s convictions on both counts do not constitute double jeopardy and' do not contravene any legislative intent. Based on the foregoing, we affirm Ms. Lawrence’s convictions for both offenses.

BLUE, C.J., THREADGILL, PARKER, FULMER, WHATLEY, NORTHCUTT, GREEN, CASANUEVA, SALCINES, STRINGER, DAVIS, SILBERMAN, and COVINGTON, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


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…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw