THE STATE OF FLORIDA, APPELLANT,
v.
LEROY JACKSON, APPELLEE
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Florida reversed the dismissal of a leaving-the-scene charge, holding that careless driving and leaving the scene constitute separate offenses occurring at different times, not barred by double jeopardy.
Careless driving by leaving the roadway and leaving the scene of an accident are separate offenses with distinct temporal elements, so prosecution for both does not violate double jeopardy.
[1] Careless driving and leaving the scene of an accident constitute separate offenses with distinct temporal elements, and prosecution for both does not violate the double j…
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Join FLexlaw to unlock all legal intelligence“The events which would support the charge of careless driving by leaving the roadway, resulting in personal injuries, were complete prior to the beginning of the series of events which would constitute leaving the scene of an accident.”
Court's explanation of why the two charges involve separate temporal occurrences
Jackson was acquitted of careless driving in Metropolitan Court after an accident that resulted in personal injuries. He was subsequently charged in C…
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The State seeks review of an order dismissing an information. The appellee was charged with careless driving, by leaving the roadway resulting in personal injuries, in the Metropolitan Court of Dade County and was acquitted. He was subsequently informed against in the Criminal Court of Record in and for Dade County for a violation of § 317.071, Fla.Stat., F.S.A., leaving the scene of an accident resulting in injury. Upon motion, the trial court dismissed the criminal information, indicating in his order that the subsequent prosecution constituted a second prosecution which was barred by Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435. We reverse.
The events which would support the charge of careless driving by leaving the roadway, resulting in personal injuries, were complete prior to the beginning of the series of events which would constitute leaving the scene of an accident, wherein injury had occurred. We therefore find that there were two separate occurrences on the date in question, and the fact of the initial prosecution in the metropolitan court would not be a bar to a subsequent prosecution in the criminal court of record. See: State v. Shaw, Fla.App.1969, 219 So. 2d 49; State v. Conrad, Fla.App.1971, 243 So.2d 174.
Therefore, the order here under review be and the same is hereby reversed, and the cause is remanded for further proceedings in the trial court.
Reversed and remanded, with directions.
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State v. Lampley, 250 So. 2d 911 (Fla. 3d DCA 1971)…of “unlawful possession of a narcotic drug, to wit, marijuana.” There may be some connection between the crimes but it cannot be said that they are “the same acts”. State v. Bowden, 154 Fla. 511, 18 So. 2d 478 (1944); State v. Jackson, Fla.App.1971, 248 So. 2d 663; Glaze v. State, Fla.App.1971, 249 So. 2d 742 [First District opinion filed January 22, 1971]. Second, the particular offense on which it is claimed that jeopardy attached was not such an offense as to constitute a bar. It cannot be said that being…
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Ingraham v. State, 256 So. 2d 521 (Fla. 3d DCA 1972)…PER CURIAM. Affirmed. See State v. Shaw, Fla.App.1969, 219 So. 2d 49; State v. Jackson, Fla.App.1971, 248 So. 2d 663; Glaze v. State, Fla.App.1971, 249 So. 2d 742; Bacom v. Sullivan, 5 Cir. 1953, 200 F. 2d 70.…
Authorities Cited
- Waller v. Florida, 397 U.S. 387 (U.S. 1970)
- State v. Conrad, 243 So. 2d 174 (Fla. 4th DCA 1971)
- State v. Shaw, 219 So. 2d 49 (Fla. 2d DCA 1969)