JULIUS JUNIOR CRUSAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that double jeopardy principles barred the conviction for careless driving with a suspended license resulting in death or serious bodily injury because the defendant had already been punished for the death via a vehicular homicide conviction.
Julius Junior Crusaw was convicted of vehicular homicide and careless driving with a suspended license causing death or great bodily injury, both rela…
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Julius Junior Crusaw appeals the trial court’s order denying his motion for post-conviction relief. We reject all claims but one. Because we are bound by the Florida Supreme Court’s decision in State v. Cooper, 634 So.2d 1074 (Fla.1994), we conclude that double jeopardy principles barred Crusaw’s conviction for careless driving with a suspended license resulting in death or serious bodily injury.
Crusaw was convicted of several crimes, all relating to an automobile accident that killed one and injured another. Relevant here, Crusaw was convicted of vehicular homicide (Count III) and careless driving with suspended license causing death or great bodily injury (Count IV). The information listed the same victim for both counts.
In Cooper, the Court held that a defendant convicted of DUI manslaughter could not also be convicted of careless driving without a license causing death or serious *423bodily injury “because he has already been punished for the death by the DUI manslaughter conviction.” Id. at 1075; see also Kelly v. State, 987 So.2d 1237, 1239-40 (Fla. 2d DCA 2008).
Cooper controls here. Accordingly, we reverse the denial of Crusaw’s motion, and we remand for the trial court to vacate the conviction for careless driving with a suspended license resulting in death or serious bodily injury and to resentence accordingly.
REVERSED and REMANDED with directions.
WOLF, WINOKUR, and WINSOR, JJ„ concur.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Cooper, 634 So. 2d 1074 (Fla. 1994)
- Kelly v. State, 987 So. 2d 1237 (Fla. 2d DCA 2008)