CHERI R. GRANGER
v.
STATE
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A defendant cannot be convicted of both DUI manslaughter and vehicular homicide based on a single death, as such dual convictions violate the constitutional prohibition on double jeopardy.
[1] Convictions for both DUI manslaughter and vehicular homicide arising from a single death violate the Double Jeopardy Clause and one such conviction must be vacated.
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Join FLexlaw to unlock all legal intelligenceCheri Rose Granger was convicted by jury of DUI manslaughter, vehicular homicide, driving while license suspended, and DUI with property damage. She a…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CHERI ROSE GRANGER, Appellant, v. Case No. 5D16-3406 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 2, 2018 Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge.
James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant, Cheri Rose Granger, timely appeals her convictions by jury verdict for
DUI manslaughter, vehicular homicide, driving while license suspended and DUI with property damage. We reverse her conviction for vehicular homicide, and otherwise affirm.
Appellant argues that convictions for both DUI manslaughter and vehicular homicide based upon a single death cannot stand because they violate her constitutional right to be free from double jeopardy, citing Houser v. State, 474 So. 2d 1193 (Fla. 1985),
and State v. Chapman, 625 So. 2d 838 (Fla. 1993). The State concedes error, and based upon our supreme court’s precedent, we agree. Accordingly, we order the trial court to vacate Appellant’s conviction for vehicular homicide. See Aguirre v. State, 159 So. 3d
1033, 1033 (Fla. 1st DCA 2015); Ivey v. State, 47 So. 3d 908, 911 (Fla. 3d DCA 2010).
We affirm Appellant’s conviction and sentence for DUI manslaughter, as well as her other convictions and sentences for driving while license suspended and DUI with property damage.
AFFIRMED in part; REVERSED in part; and REMANDED.
PALMER, EDWARDS and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- State v. Chapman, 625 So. 2d 838 (Fla. 1993)
- Ivey v. State, 47 So. 3d 908 (Fla. 3d DCA 2010)
- Margarito Curiel Aguirre v. State, 159 So. 3d 1033 (Fla. 1st DCA 2015)