Tampa Criminal Lawyer Blog
In Florida, people are protected against being convicted more than once for the same offense, as it violates their right against double jeopardy. While in some cases, it is clear that multiple convictions violate double jeopardy, in others, it is less so, as illustrated in a recent Florida ruling involving DUI manslaughter and vehicular homicide convictions. If you are charged with a crime, it is smart to speak to an experienced Tampa criminal defense lawyer about what you can do to safeguard your rights.
History of the Case
It is reported that the defendant was charged and convicted of multiple offenses, including DUI manslaughter and vehicular homicide, stemming from a single-car accident that resulted in a fatality. Allegedly, the defendant was driving under the influence of alcohol when he lost control of the vehicle, causing a crash that killed his passenger. The State charged the defendant with DUI manslaughter under Florida Statutes § 316.193 and vehicular homicide under § 782.071, among other offenses.
Reportedly, the defendant pled guilty to these charges and received concurrent sentences for the convictions. However, following sentencing, he filed a motion to withdraw his plea, arguing that his trial counsel failed to inform him of a double jeopardy violation arising from convictions for both offenses related to the same death. He also challenged fines, costs, and probation conditions imposed during sentencing, asserting errors in their statutory basis and applicability.
It is alleged that the trial court denied the defendant’s motion to withdraw his plea, holding that DUI manslaughter and vehicular homicide are distinct offenses with unique statutory elements. The court relied on Florida Statutes § 775.021, which codifies the Blockburger test, allowing for separate convictions and sentences when each offense requires proof of an element the other does not. The defendant subsequently appealed the ruling and other aspects of his sentencing.
Double Jeopardy Violations
On appeal, the court addressed several issues, including the alleged double jeopardy violation, the statutory basis for fines and costs, and discrepancies in probation conditions. The court affirmed the trial court’s ruling on double jeopardy, noting that DUI manslaughter requires proof of impairment while vehicular homicide requires proof of reckless operation of a vehicle, making them distinct under the Blockburger test. The court emphasized that Florida law no longer applies the single homicide rule, which previously barred multiple convictions for offenses arising from a single death.
The court also addressed the defendant’s challenges to sentencing errors. It found that the $1,000 fine imposed was incorrectly cited under the general fines statute rather than the DUI-specific statute, § 316.193. Additionally, certain court costs, including a $100 surcharge for the Clerks Revenue Fund and $135 in additional DUI-related fees, were improperly calculated or cited. The court remanded the case for correction of these errors, instructing the trial court to ensure the fines and costs align with statutory requirements.
Finally, the court reviewed special probation conditions that required the defendant to pay for drug testing and alcohol treatment. It ruled that these conditions must be stricken because they were not orally pronounced at sentencing, violating procedural due process. The court remanded the case so that the trial court could amend the probation order accordingly.
Confer with an Experienced Tampa Defense Attorney
If you are charged with a DUI offense or any other crime, the experienced Tampa criminal defense attorneys at Hanlon Law can help. Our team is committed to protecting your rights and navigating the legal system to achieve the best possible outcome for your case. Contact us today at 813-435-6200 or via our online form to schedule a consultation and discuss your legal options.