JOSE MAISONET-MALDONADO
v.
STATE OF FLORIDA
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A defendant may not be punished for a single homicide under two different statutes, and therefore dual convictions for vehicular homicide and fleeing and eluding causing serious injury or death involving the same victim violate the single homicide rule.
[1] The single homicide rule prohibits a defendant from being convicted and punished under two different homicide statutes for the same victim, requiring vacation of one conv…
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Join FLexlaw to unlock all legal intelligence“Pursuant to the rule, a defendant may not be punished for a single homicide under two different statutes.”
Court's statement of the single homicide rule from Houser v. State
Jose Maisonet-Maldonado was convicted of vehicular homicide and fleeing and eluding causing serious injury or death involving the same victim. He appe…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JOSE MAISONET-MALDONADO,
Appellant,
v. Case No. 5D18-942
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 18, 2019
3.850 Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge.
James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Jose Maisonet-Maldonado appeals the summary denial of ground eight of his motion seeking postconviction relief pursuant to Florida Rule Criminal Procedure 3.850. Maisonet-Maldonado argues that the single homicide rule prohibits his convictions and
2 sentences for vehicular homicide and fleeing and eluding causing serious injury or death that involve the same victim. We agree. The single homicide rule was adopted by the Florida Supreme Court in Houser v. State, 474 So. 2d 1193 (Fla. 1985). Pursuant to the rule, a defendant may not be punished for a single homicide under two different statutes. Id. at 1196 (invalidating convictions for both DWI manslaughter and vehicular homicide); Linton v. State, 212 So. 3d 1100, 1103 (Fla. 5th DCA 2017) (finding single homicide rule prohibits dual convictions for first-degree murder with a weapon and fleeing or eluding causing serious injury or death when offenses involve same victim), review granted, No. SC17-2228, 2018 WL 1531453, *1 (Fla. Mar. 28, 2018), and review dismissed, No. SC18-471, 2018 WL 2316542, *1 (Fla. May 21, 2018); see also Daniel v. State, 271 So. 3d 1214, 1215 (Fla. 1st DCA 2019)1 (finding single homicide rule prohibited convictions for both vehicular homicide and fleeing or eluding causing serious bodily injury or death); McCullough v. State, 230 So. 3d 586, 593 (Fla. 2d DCA 2017) (same). Accordingly, we affirm the postconviction order with respect to grounds one, two, three, four, five, six, and seven, but reverse the summary denial of ground eight of Maisonet-Maldonado's motion, and remand for further proceedings. On remand, the trial court should affirm Maisonet-Maldonado's convictions for vehicular homicide (Counts V and VI), vacate the current judgments for fleeing and eluding causing serious injury or
DOES THE "SINGLE HOMICIDE" RULE FOUND IN HOUSER V. STATE, 474 SO. 2D 1193 (FLA. 1985),
PRECLUDE SEPARATE CONVICTIONS OF VEHICULAR
HOMICIDE AND FLEEING AND ELUDING CAUSING
SERIOUS INJURY OR DEATH THAT INVOLVE THE SAME
VICTIM?
AFFIRMED, in part; REVERSED, in part; REMANDED, with directions; and
QUESTION CERTIFIED.
ORFINGER and HARRIS, JJ., and JACOBUS, B.W., Senior Judge, concur.
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- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- R.J. Reynolds Tobacco Co. v. Marotta, 214 So. 3d 590 (Fla. 2017)
- R.J. Reynolds Tobacco Co. v. Dion, 230 So. 3d 586 (Fla. 2d DCA 2017)
- Oliphant v. State, 195 So. 3d 422 (Fla. 1st DCA 2016)
- Daniel v. State, 271 So. 3d 1214 (Fla. 1st DCA 2019)
- Clark v. Ward, 51 So. 3d 645 (Fla. 1st DCA 2011)