Summary
holding that where defendant was convicted of aggravated battery and attempted second degree murder arising out of the same acts, double jeopardy required vacation of one of the convictions
Summary of this case from Nelson v. StateOpinion
No. 87-0391.
April 13, 1988.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.
This is an appeal, following conviction for the defendant's attempted second degree murder of a law enforcement officer during an extraordinary, high speed vehicle chase of the defendant by the officer. The chase, as described in appellant's brief, makes staged chases by Hollywood stunt men pale in comparison. That no one — participant or non-participant — was killed is purely a matter of luck.
The defendant was convicted, as well, of aggravated battery, arising out of the same acts. This leads us to the valuable opinion in Carawan v. State, 515 So.2d 161 (Fla. 1987), wherein those of us involved in the criminal justice system have been reminded of the historical perspective into which our decisions in the area of double jeopardy must be placed.
Consistent with Carawan, we remand with direction to vacate the attempted murder in the second degree — a second degree felony — or aggravated battery — also a second degree felony. Carawan, we note, involved a conviction of attempted manslaughter (third degree felony) and aggravated battery.
LETTS, J., concurs.
HERSEY, C.J., concurs specially with opinion.
Because I believe reversal and remand to be required by Carawan v. State, 515 So.2d 161 (Fla. 1987), I concur in the result reached by the majority opinion.