KARL SMITH, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE, ON BEHALF OF NICOLE P. WILLIE, APPELLEE
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The appellate court affirmed convictions for aggravated assault, fleeing or eluding, and driving with a suspended license, but reversed convictions for second-degree murder and vehicular homicide due to dual convictions for a single death, remanding for entry of a manslaughter conviction.
The court held that dual homicide convictions for a single death violate double jeopardy, even if no sentence was imposed on one conviction. The court reversed the second-degree murder and vehicular homicide convictions.
Charles Hicks was involved in a high-speed pursuit that resulted in a fatal head-on collision. He was convicted of second-degree murder, vehicular hom…
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Having considered the appellants response to this Court’s orders dated December 24, 2008, and April 28, 2008, the appeal is hereby dismissed as untimely. See Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983); Fla. RApp. P. 9.110(b). However, in light of appellant’s allegation that he did not timely receive notice of entry of the agency’s final order, this disposition is without prejudice to his right to petition the agency to vacate and re-enter that order. Reich v. Department of Health, 868 So.2d 1275 (Fla. 1st DCA 2004); Durando v. Palm Beach County, 719 So.2d 1258 (Fla. 1st DCA 1998).
DISMISSED.
DAVIS, BENTON and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983)
- Mitchell v. State, 719 So. 2d 1258 (Fla. 1st DCA 1998)
- Marvin Reich, M.D. v. Dep't OF Health, 868 So. 2d 1275 (Fla. 1st DCA 2004)