EDDIE POWELL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eddie Powell, Jr. appealed his convictions for multiple crimes including kidnapping, burglary, assault, and other offenses. The appellate court affirmed most convictions but reversed his conviction for leaving the scene of an accident, finding the state failed to prove a statutory element of the offense.
The court reversed Powell's conviction for leaving the scene of an accident because the state failed to establish all statutory elements of the offense, specifically failing to prove damage to property other than Powell's own vehicle. The court rejected Powell's competency challenge but remanded for the trial court to enter a written order adjudicating competence nunc pro tunc. All other convictions and sentences were affirmed.
[1] A trial court's determination of a defendant's competency to stand trial will be affirmed if supported by the record, but the court must enter a written order adjudicatin…
[2] A conviction for leaving the scene of an accident requires proof that the defendant's vehicle collided with and damaged unattended property.
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Join FLexlaw to unlock all legal intelligence“The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver's name and address...”
This quote establishes the statutory requirement that damage to property other than the driver's vehicle must be proven for the leaving-the-scene offense
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Join FLexlaw to unlock all legal intelligencePowell was convicted of kidnapping, burglary, assault, fleeing law enforcement, battery, resisting an officer, possession of cannabis, and leaving the…
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Eddie Powell, Jr., appeals his convictions and sentences for kidnapping, burglary, assault, fleeing law enforcement, battery, resisting an officer, possession of cannabis, and leaving the scene of an accident. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
We reject appellant’s challenge to the trial court’s determination that appellant was competent to stand trial, but we remand with directions to the trial court to enter a written order adjudicating appellant competent, nunc pro tunc. See, e.g., Bailey v. State, 931 So.2d 224, 225 (Fla. 1st DCA 2006); Martinez v. State, 851 So.2d 832 (Fla. 1st DCA 2003); Hampton v. State, 988 So.2d 108 (Fla. 2d DCA 2008).
We reverse appellant’s conviction for Count XI, leaving the scene of an accident, because the state failed to establish the statutory elements of the offense. Appellant claimed in his motion for judgment of acquittal that the state had not presented evidence of damage to property or to another vehicle. Section 316.063(1), Florida *959Statutes (2005), entitled “[d]uty upon damaging unattended vehicle or other property,” provides:
The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver’s name and address and the registration number of the vehicle he or she is driving, or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving, and shall without unnecessary delay notify the nearest office of a duly authorized police authority.
(Emphasis added.)
The statute provides that any driver who crashes into and damages an unattended vehicle or property has a duty to notify the owner of that property. The only pertinent evidence below was a photograph of the damage to the car appellant was driving, and testimony that he crashed into either a wooden barricade, a steel beam, or a culvert. There was no testimony about any damage to whatever object the vehicle hit, and there may have been none at all. Accordingly, the trial court erred as a matter of law by denying judgment of acquittal on Count XI.
We affirm appellant’s remaining convictions and sentences without comment.
Affirmed in part, reversed in part, and remanded.
WEBSTER, PADOVANO, and ROWE, JJ., concur.
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Tush-ee Lewis Hunter v. State, 174 So. 3d 1011 (Fla. 1st DCA 2015)…m the trial court adjudicating Hunter competent for trial, as required by rule 3.212(c)(7). As we did in Martinez, we simply remand to the trial court to enter the needed written adjudication nunc pro tunc. See id., at 834; see also Powell v. State, 28 So. 3d 958, 958 (Fla. 1st DCA 2010); Bailey v. State, 931 So. 2d 224, 225 (Fla. 1st DCA 2006); White v. State, 548 So. 2d 765, 768 (Fla. 1st DCA 1989); Hampton v. State, 988 So. 2d 103, 106 (Fla. 2d DCA 2008). Hunter next argues that the trial court abused it…
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C. T. T. v. State (Fla. 1st DCA 2018)
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Johntay Amos Dortch v. State, 255 So. 3d 906 (Fla. 2d DCA 2018)…that State failed to prove violation of probation based on new law offense because affidavit alleged damage but not injury but evidence at hearing suggested personal injury but failed to establish damage to vehicle or property); Powell v. State, 28 So. 3d 958, 958-59 (Fla. 1st DCA 2010) (reversing conviction under section 316.063(1), Florida Statutes (2005), because there was no competent, substantial evidence of damage to property or to another vehicle). Accordingly, we affirm the judgment and sente…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martinez v. State, 851 So. 2d 832 (Fla. 1st DCA 2003)
- Musa Shabazz v. State, 931 So. 2d 224 (Fla. 1st DCA 2006)
- Bailey v. State, 931 So. 2d 224 (Fla. 1st DCA 2006)