STATE OF FLORIDA, APPELLANT,

v.

DEVONTA MERRIEX, APPELLEE

Fla. 2d DCA | 2010-08-27

Nos. 2D09-5171, 2D09-5483

NORTHCUTT and KHOUZAM, JJ., Concur.

42 So. 3d 934 Florida District Court of Appeal, Second District (2010) Positive Treatment

Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The State appealed the dismissal of a vehicular homicide charge against Devonta Merriex, who had already been convicted of third-degree felony murder for the same death. The court affirmed the dismissal, holding that Florida's "one death/one conviction rule" bars multiple homicide convictions for a single victim, regardless of whether the charges are pursued sequentially.

Holding

The court held that Florida's one death/one conviction rule bars a vehicular homicide conviction when a defendant has already been convicted of third-degree felony murder for the same death. Only one homicide conviction and sentence may be imposed for a single death, and the conviction for the higher-degree crime (felony murder) must stand while the lesser crime is set aside.

Headnotes

[1] A conviction for felony murder bars a subsequent conviction for vehicular homicide arising from the same death.

[2] Only one homicide conviction and sentence may be imposed for a single death.

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Key Quotes

“[0]nly one homicide conviction and sentence may be imposed for a single death.”
States the fundamental legal principle governing the court's decision: the one death/one conviction rule that bars multiple homicide convictions for a single victim.

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Facts & Procedural History

In July 2008, Merriex drove a drug dealer to a cocaine transaction. When law enforcement attempted to arrest them, Merriex drove away at high speed, r…

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Topics

Reckless Driving Vehicular Homicide Felony Murder Lesser Included Offense

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Opinion of the Court

LaROSE, Judge.

The State appeals a judgment and sentence entered after Devonta Merriex pleaded guilty to third-degree felony murder. The State raises two issues; one merits discussion.

In July 2008, undercover officers arranged to buy cocaine from Rashane Barber. Mr. Merriex drove Mr. Barber to a predetermined location. After completing the drug transaction, law enforcement officers attempted to make an arrest. Mr. Merriex drove away at high speed. He ran a red light and crashed into another vehicle, killing Nachenga Robinson and injuring Carolyn Johnson, Eric Robinson, and Obadiah Robinson. In January 2009, Mr. Merriex pleaded guilty in circuit court case number 08-14984 to leaving the scene of a crash involving the death of Nachenga Robinson, third-degree felony murder of Nachenga Robinson, and three counts of reckless driving with bodily injury to Carolyn Johnson, Eric Robinson, and Obadiah Robinson. See §§ 316.027, 782.04, 316.192, Fla. Stat. (2008). The trial court sentenced him to twenty-four years in prison.

A few weeks later, Carolyn Johnson died from her injuries. The State then charged Mr. Merriex with vehicular homicide and third-degree felony murder in circuit court case number 09-19457. See §§ 782.071, 782.04. Mr. Merriex moved to dismiss the vehicular homicide charge. The trial court granted the motion. Relying on Chikitus v. Shands, 373 So.2d 904 (Fla.1979), the trial court concluded that double jeopardy barred the vehicular homicide charge because Mr. Merriex had already been convicted of the lesser included offense of reckless driving with serious bodily injury for the same underlying act. Mr. Merriex pleaded guilty to the third-degree felony murder charge. The trial court sentenced him to 124.65 months in prison. On appeal, the State challenges the dismissal of the vehicular homicide charge, arguing that Chikitus does not apply.1

*936Mootness dooms the State’s argument. Mr. Merriex’s conviction of third-degree felony murder bars a vehicular homicide conviction for the same death. “[0]nly one homicide conviction and sentence may be imposed for a single death.” Houser v. State, 474 So.2d 1193, 1196 (Fla.1985); Rodriguez v. State, 875 So.2d 642, 645-46 (Fla. 2d DCA 2004); Collins v. State, 605 So.2d 568, 569 (Fla. 5th DCA 1992) (“one death/one conviction rule”). Even if the trial court had considered alternative charges or theories for the single death of Ms. Johnson, a conviction for the highest-degree crime would stand and the lesser crime would be set aside. See Collins, 605 So.2d at 569. Because both offenses are second-degree felonies subject to the same sentence, Mr. Merriex’s conviction of felony murder rather than vehicular homicide has not prejudiced the State. We affirm on this issue.

We also affirm, without further discussion, the downward departure sentence imposed in circuit court case number 09-19457.

Affirmed.

NORTHCUTT and KHOUZAM, JJ., Concur.

. In Chikitus, the supreme court held that "reckless driving is a lesser included offense of vehicular homicide and that double jeopardy applies to bar a subsequent prosecution for vehicular homicide when a defendant previously has been convicted of the charge of reckless driving arising from the same facts.” 373 So.2d at 905. The State attempts to *936distinguish Chikitus based on its assumption that the victims died before Chikitus’s reckless driving conviction. Thus, according to the State, it could properly prosecute Mr. Merriex for vehicular homicide under the "necessary facts” exception to the double jeopardy rule. See Brown v. Ohio, 432 U.S. 161, 169 n. 7, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977) (stating that a double jeopardy exception "may exist where the State is unable to proceed on the more serious charge at the outset because the additional facts necessary to sustain that charge have not [yet] occurred...."). Chikitus is unclear as to whether the victims died before or after the reckless driving conviction. See Chikitus, 373 So.2d at 905. However, in State v. Barritt, 531 So.2d 338, 338-39 (Fla.1988), the supreme court noted, “In Chikitus, the defendant was convicted of reckless driving after causing an accident in which two people were injured. Subsequent to his convictions, the two accident victims died and the state attempted to charge Chikitus with vehicular homicide.”

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Citator

Cited By

Obrian Oakley v. State, 237 So. 3d 396 (Fla. 4th DCA 2018)

…tim violates double jeopardy.”); Wilkes v. State, 123 So. 3d 632, 635 (Fla. 4th DCA 2013) (holding the Houser rule “also extends to convictions for attempted murder and attempted felony murder from the same attempted killing”); State v. Merriex, 42 So. 3d 934, 936 (Fla. 2d DCA 2010) (“[The defendant’s] conviction of third-degree felony murder bars a vehicular homicide conviction for the same death.”); Rodriguez v. State, 875 So. 2d 642, 645 (Fla. 2d DCA 2004) (“For the one death he caused, [the defend…

Authorities Cited

Brown v. Ohio, 432 U.S. 161 (U.S. 1977)
Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
Houser v. State, 474 So. 2d 1193 (Fla. 1985)
State v. Barritt, 531 So. 2d 338 (Fla. 1988)
Chikitus v. Shands, 373 So. 2d 904 (Fla. 1979)
City OF Miami v. Juarez, 875 So. 2d 642 (Fla. 3d DCA 2004)
Rodriguez v. State, 875 So. 2d 642 (Fla. 2d DCA 2004)
Collins v. State, 605 So. 2d 568 (Fla. 5th DCA 1992)

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STATE OF FLORIDA, APPELLANT, v. DEVONTA MERRIEX, APPELLEE

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STATE OF FLORIDA, APPELLANT,

v.

DEVONTA MERRIEX, APPELLEE