Case Number: 2D17-2888

Judge: Stevan Northcutt

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Plaintiff's Attorney: Pamela Jo Bondi, Attorney General, Tallahassee, and Cornelius C. Demps, Assistant Attorney General

Defendant's Attorney: Howard L. Dimmig, II, Public Defender and Richard P. Albertine, Jr., Assistant Public Defender

Description: Lorenzo Martinez appeals his judgment and sentences for: count one, driving with a suspended license and causing death; count two, DUI manslaughter; and count three, failure to remain at the scene of a crash involving death. We agree with Mr. Martinez that his convictions for counts one and two violate Florida's "single
homicide rule." See McCullough v. State, 230 So. 3d 586, 589 (Fla. 2d DCA 2017) ("[The single homicide rule] provides that although a defendant can be charged and convicted under multiple criminal statutes for conduct causing another's death during one criminal episode, that criminal defendant can only be punished once for that death." (citing State v. Cooper, 634 So. 2d 1074, 1074-75 (Fla. 1994); Houser v. State, 474 So. 2d 1193, 1197 (Fla. 1985); Rodriguez v. State, 875 So. 2d 642, 645 (Fla. 2d DCA 2004))); see also Senteno v. State, 737 So. 2d 1120, 1120 (Fla. 2d DCA 1999) ("[A] defendant may not be convicted of both DUI manslaughter and driving while license suspended or revoked and causing death, with respect to the same victim.").

Outcome: Therefore, we must reverse and remand with instructions for the trial court to vacate Mr. Martinez's conviction for the lesser, third-degree felony for driving with a suspended license and causing death. On remand, the trial court shall resentence Mr. Martinez on all remaining counts with a corrected scoresheet. See Senteno, 737 So. 2d at 1120. Mr. Martinez's remaining convictions are otherwise affirmed.

Plaintiff's Experts:

Defendant's Experts:

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