LATRENERRA IEISHA STRIDIRON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-12-02
No. 21-2571
342 So. 3d 614 Florida District Court of Appeal, Fifth District (2022) Positive Treatment
Cited by 7 cases

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Holding

Double jeopardy prohibits conviction for both driving under the influence causing serious bodily injury and driving under the influence causing property damage when both charges stem from the same incident and involve the same victim, as these constitute degree variants of the same criminal offense.

Headnotes

[1] Double jeopardy prohibits conviction and sentencing for driving under the influence causing property damage and driving under the influence causing serious bodily injury…

[2] Driving under the influence causing property damage and driving under the influence causing serious bodily injury to a person are degree variants of the same criminal off…

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Key Quotes

“driving under the influence causing damage to property and serious bodily injury to a person . . . are degree variants of the same criminal offense so that [the prohibition against] double jeopardy is violated.”

The court quotes the holding from Velazco v. State to support the double jeopardy violation.
Facts & Procedural History

Appellant was convicted and sentenced for driving under the influence causing serious bodily injury to two victims and for driving under the influence…

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Topics
Driving Under The Influence Causing Serious Bodily Injury Double Jeopardy Prohibition Serious Bodily Injury Driving Under The Influence

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Opinion of the Court

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 LATRENERRA IEISHA STRIDIRON,

Appellant,

v. Case No. 5D21-2571 LT Case No. 2019-CF-043920-A-X STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 2, 2022 Appeal from the Circuit Court for Brevard County, Charles G. Crawford, Judge. Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

Appellant, Latrenerra Ieisha Stridiron, argues that the prohibition against double jeopardy was violated when she was convicted and sentenced for driving under the influence, causing serious bodily injury and property damage to the same victim. The State concedes that Velazco v. State, 342 So. 3d 614 (Fla. 2022), decided ten months post-verdict, applies. We agree and remand for further proceedings.

Appellant was found guilty following a jury trial, convicted, and sentenced for Count One, driving under the influence with serious bodily injury to Eden Tall, a third degree felony; Count Two, driving under the influence with serious bodily injury to Scott Smith, a passenger in Ms. Tall’s car; and Count Three, driving under the influence with damage to the property of Eden Tall, a first degree misdemeanor.1 She was sentenced to five years in prison on Count One, four years in prison on Count Two, and one year of probation on Count Three, all to be served consecutively. Counts One and Three were violations of section 316.193(3), Florida Statutes (2019), both were based on the same vehicular accident caused by Appellant’s driving under the influence, and both concerned the same individual victim.

Footnotes
1 Appellant does not appeal her conviction for Counts One or Two. Appellant argues that double jeopardy prohibits her being convicted and sentenced for both crimes as to Ms. Tall. The State commendably concedes, and we agree that remand is required so that an amended judgment and sentence can be entered. Appellant relies upon Velazco v. State in which the Florida Supreme Court recently held that where one incident and the same victim is involved, “driving under the influence causing damage to property and serious bodily injury to a person . . . are degree variants of the same criminal offense so that [the prohibition against] double jeopardy is violated.” 342 So. 3d at 614. Having considered the double jeopardy issue, we hold that the conviction for driving under the influence causing property damage must be vacated and an amended judgment deleting that conviction shall be entered. REVERSED; in part and REMANDED WITH INSTRUCTIONS. LAMBERT, C.J., EDWARDS and EISNAUGLE, JJ., concur.

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Citator

Cited By

  • Latrenerra Ieisha Stridiron v. State, 342 So. 3d 614 (Fla. 5th DCA 2022)
    …gues that the prohibition against double jeopardy was violated when she was convicted and sentenced for driving under the influence, causing serious bodily injury and property damage to the same victim. The State concedes that Velazco v. State, 342 So. 3d 614 (Fla. 2022), decided ten months post-verdict, applies. We agree and remand for further proceedings. Appellant was found guilty following a jury trial, convicted, and sentenced for Count One, driving under the influence with serious bodily injury…
  • Christle LEE Thompson v. State (Fla. 2d DCA 2022)
    …erty damage violate the prohibition against double jeopardy where the evidence established that the damaged property—two traffic signs—belonged to the same victim. Thompson's double jeopardy claim is subject to de novo review. See Velazco v. State, 342 So. 3d 614, 616 n.3 (Fla. 2022) (quoting Graham v. State, 207 So. 3d 135, 137 (Fla. 2016)). While driving under the influence, Thompson damaged two traffic signs with her vehicle. Section 316.193(3), Florida Statutes (2020), provides, in relevant part: (3) A…
  • Dawkins v. State (Fla. 4th DCA 2026)

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