Summary
In Waldecker, 707 So.2d at 778, this court held that only one leaving the scene of an accident conviction could stand because the defendant failed to stop at only one accident, regardless of how many people were injured. CitingWaldecker, this court held in Williams, 732 So.2d at 432-33, that leaving the scene of an accident resulting in injury is a necessarily lesser-included offense of leaving the scene of an accident resulting in death and that "only one conviction was permissible when a defendant leaves the scene of a single accident."
Summary of this case from Hunt v. StateOpinion
Case No. 96-03505.
Opinion filed January 9, 1998.
Appeal from the Circuit Court for Hillsborough County; Diana M. Allen, Judge.
James Marion Moorman, Public Defender and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.
We affirm Kenneth Waldecker's two convictions for driving under the influence with serious bodily injury. We vacate, however, one of Waldecker's convictions for leaving the scene of an accident with injuries. Waldecker failed to stop at only one accident resulting in injury or death, even though more than one person was injured. This was but one offense; conviction on two counts violates the constitutional prohibition against double jeopardy. See Hoag v. State, 511 So.2d 401 (Fla. 5th DCA 1987). Accordingly, the trial court is to vacate one conviction and to resentence Waldecker with a corrected scoresheet.
Convictions on Counts I, III and IV affirmed; conviction as to Count II vacated; remanded for resentencing.
DANAHY, A.C.J. and PATTERSON, J., Concur.