From Casetext: Smarter Legal Research

Foreman v. State

District Court of Appeal of Florida, Fourth District
Mar 17, 1999
727 So. 2d 1135 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-4523

Opinion filed March 17, 1999

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, C. Pfeiffer Trowbridge, Judge; L.T. No. 96-18559 CF10A.

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.


Appellant was convicted of vehicular homicide (Count II), leaving the scene of an accident (Count III), and two counts of leaving the scene of an accident with injuries (Counts IV-V), all arising from a single accident. The state concedes that the convictions on Counts III, IV, and V invoke the prohibition against double jeopardy, see Hardy v. State, 705 So.2d 979 (Fla. 4th DCA 1998); Hoag v. State, 511 So.2d 401 (Fla. 5th DCA 1987), and that the proper remedy is to vacate the conviction for leaving the scene of an accident and one of the convictions for leaving the scene of an accident with injuries. Hardy, 705 So.2d at 981. The remaining issues raised by appellant do not demonstrate harmful error or an abuse of discretion.

Remanded to the trial court to vacate the judgment and sentence on Count III, and the judgment and sentence on either Count IV or Count V; the judgments and sentences are otherwise affirmed.

STONE, C.J., KLEIN, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.


Summaries of

Foreman v. State

District Court of Appeal of Florida, Fourth District
Mar 17, 1999
727 So. 2d 1135 (Fla. Dist. Ct. App. 1999)
Case details for

Foreman v. State

Case Details

Full title:EUGENE FOREMAN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 17, 1999

Citations

727 So. 2d 1135 (Fla. Dist. Ct. App. 1999)

Citing Cases

Pierce v. State

Id. at 980-81 (citing Hoag v. State, 511 So.2d 401 (Fla. 5th DCA 1987)). See also Foreman v. State, 727 So.2d…

Goldman v. State

Id. at 980-81 (citing Hoag v. State, 511 So.2d 401 (Fla. 5th DCA 1987)). See also Foreman v. State. 727 So.2d…