ANTONIO ANTWAN SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Affirmed.
DAMOORGIAN and GERBER, JJ., concur.
specially concurring.
Appellant was convicted of violating section 782.071(l)(b), Florida Statutes (2008), a vehicular homicide aggravated by leaving the scene of the accident, so that the crime was a first degree felony. This was a close case on the issue of appellant’s recklessness, a necessary element of the crime. On that issue, we are bound by McCreary v. State, 371 So.2d 1024 (Fla.1979), a case involving slightly less egregious facts than those in this case. I also note that appellant might well have been charged under section 316.027(l)(b), Florida Statutes *900(2008), also a first degree felony, which does not require proof of recklessness.
GROSS, C.J.,
specially concurring.
Appellant was convicted of violating section 782.071(l)(b), Florida Statutes (2008), a vehicular homicide aggravated by leaving the scene of the accident, so that the crime was a first degree felony. This was a close case on the issue of appellant’s recklessness, a necessary element of the crime. On that issue, we are bound by McCreary v. State, 371 So. 2d 1024 (Fla.1979), a case involving slightly less egregious facts than those in this case. I also note that appellant might well have been charged under section 316.027(l)(b), Florida Statutes (2008), also a first degree felony, which does not require proof of recklessness.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 183 So. 3d 466 (Fla. 4th DCA 2016)…itial motion as untimely filed. In 2008, Smith was convicted of leaving the scene of an accident with vehicular homicide and sentenced to twenty-five years in prison. This court affirmed the conviction and sentence on direct appeal. Smith v. State, 15 So. 3d 899 (Fla. 4th DCA 2009). The mandate issued on September 4, 2009. Smith subsequently filed a petition for all writs in the Florida Supreme Court, seeking to compel this court to rule on his untimely motion for rehearing. The supreme court treated Smith’…
Authorities Cited
- McCREARY v. State, 371 So. 2d 1024 (Fla. 1979)