Florida/Georgia Personal Injury & Workers Compensation

...A passenger in a car Houser was driving died when the car struck a concrete wall. Police took a blood sample which showed Houser's blood alcohol level to be 0.18%. He was charged with DWI manslaughter, section 316.1931(2), Fla. Stat. (1983), and vehicular homicide, section 782.071....

...We answer the first certified question in the affirmative. DOUBLE JEOPARDY We agree with the Fifth District in Vela that only one homicide conviction and sentence may be imposed for a single death. The First District in the instant case determined that sections 316.1931(2) [2] (DWI manslaughter) and 782.071 [3] (vehicular homicide) were separate crimes, "each requiring proof of an element which the other does not." 456 So.2d at 1267....

...(1977) [subsequently recodified at § 316.1931(2)]. Vehicular homicide otherwise than from intoxication has been removed by the legislature from the manslaughter statute and made an offense subject to a lesser penalty than that imposed for manslaughter. §§ 782.07 and 782.071, Fla....

...Jim Smith, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee. ALDERMAN, Justice. We have jurisdiction of this direct appeal from a final judgment of the Circuit Court for Bay County because that court upheld the constitutionality of section 782.071, Florida Statutes (1975), against a challenge of vagueness. The issues before us are whether section 782.071, Florida Statutes (1975), is unconstitutionally vague; whether the trial court erred in denying defendant's motions for judgment of acquittal; and whether the information failed to charge an offense. The response to these questions depends upon whether the legislature, by enacting section 782.071, intended only to reduce the crime of manslaughter by culpable negligence in the operation of a motor vehicle to a third-degree felony or whether the legislature intended and did create a lesser included offense with a lesser standard of proof required for conviction....

...We find that the legislature intended to accomplish the latter, and we, therefore, conclude that the trial court did not err in denying defendant's motion for judgment of acquittal and defendant's motion to dismiss the information. We also hold that section 782.071 as construed is not unconstitutionally vague....

...and that the defendant drove into the intersection at or near the maximum speed prescribed without slowing down. Presuming that the standard of proof in the manslaughter statute, section 782.07, was carried over into the vehicular homicide statute, section 782.071, and that these two statutes charge the same crime, the defendant contends that the evidence introduced was insufficient to prove culpable negligence and to support his conviction....

...We do not agree, however, with the defendant's underlying presumption that the same degree of proof is required for vehicular homicide as is required for manslaughter by *1026 culpable negligence in the operation of a motor vehicle. The legislature, by enacting section 782.071, Florida Statutes (1975), did not intend only to reduce the crime of manslaughter by culpable negligence in the operation of a motor vehicle to a third-degree felony identified as vehicular homicide, but rather intended and did create...

...public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them. Filmon v. State, 336 So.2d 586 (Fla. 1976); Miller v. State, 75 So.2d 312 (Fla. 1954); Preston v. State, 56 So.2d 543 (Fla. 1952). Section 782.071 provides: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...Defendant's automobile struck the victim's vehicle with sufficient force to *1027 knock it across three lanes of traffic and cause it to completely flip over. 8. Defendant killed James L. Sanders in the collision. It is not unreasonable for the legislature to create a lesser included offense to cover the hiatus between section 782.071 manslaughter and the traffic offense of reckless driving created by section 316.029, Florida Statutes (1975)....

...ty, Florida — is legally sufficient to inform the defendant of the nature of the accusation against which he must defend. We conclude that the information did not mislead or embarrass him in the preparation of his defense. Furthermore, we find that section 782.071 is not unconstitutionally vague or indefinite....

...The conduct prohibited by this statutory provision is reckless driving, likely to cause death or great bodily harm, which results in the killing of another human being. Concluding that vehicular homicide is a lesser included offense of manslaughter with a lesser standard of proof, that section 782.071 is constitutional, and that the evidence in this case is sufficient to support the jury's verdict, we affirm....

...by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.071, Fla....

...WIGGINTON, Judge. We are asked to review the trial court's "Order of Adjudication-Disposition" finding that appellant (a minor) was not guilty of the charge of DUI manslaughter but nonetheless did commit the felony offense of vehicular homicide in violation of Section 782.071, Florida Statutes (1987)....

...Because we hold that the state failed to prove beyond a reasonable doubt that appellant committed the offense of vehicular homicide, we reverse. The issue to be decided is whether appellant's conduct was at most merely negligent and not so reckless as to amount to vehicular homicide. "Vehicular homicide" is defined in section 782.071 as *324 ......

...Vehicular homicide is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In McCreary v. State, 371 So.2d 1024 (Fla. 1979), the supreme court held that the legislature created the offense of vehicular homicide "to cover the hiatus between section 782.071 [sic] manslaughter and the traffic offense of reckless driving......

...See, e.g., McConnehead v. State, 515 So.2d 1046 (Fla. 4th DCA 1987). The Defendant argues that under this standard, he is entitled to a discharge from his vehicular homicide convictions on the premise that the evidence fails to show he was driving recklessly. See § 782.071, Fla....

...We do not find that Appellant waived his claim of double jeopardy. See Novaton v. State, 634 So.2d 607 (Fla.1994). Appellant was convicted of violating both section 322.34(3), Florida Statutes (1991)(renumbered as § 322.34(3)(b), Fla. Stat. (1995)) (driving with suspended license and causing death), and also section 782.071, Florida Statutes (1991)(substantively identical to 1995 version) (vehicular homicide)....

...ehicular homicide. Cooper, 634 So.2d at 1074; see Houser v. State, 474 So.2d 1193, 1196 (Fla. 1985) (an offender may not be punished for DWI manslaughter and vehicular homicide). Appellant cannot be convicted of violating both sections 322.34(3) and 782.071 based on a single death....

...juries that they may treat statutorily defined separate offenses as lesser included offenses. Wilcott v. State, 509 So.2d 261, 264 (Fla. 1987) (Shaw, J., dissenting). The statutory elements of vehicular homicide include the killing of a human being. § 782.071, Fla....

...For the above reasons, I concur in result only. NOTES [*] Vehicular homicide, a third-degree felony, "is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." § 782.071, Fla....

...on herein under Fla.R. Crim.P. 3.190(c)(4). The sole issue presented for review is whether a defendant driver of a motor vehicle who participates in a reckless and illegal "drag race" on a public road may be properly convicted of vehicular homicide [§ 782.071, Fla....

...Specifically, the information alleged that on April 23, 1988, the defendant "did unlawfully and feloniously operate a motor vehicle in a reckless manner, to wit: Participated in a DRAG RACE, RAN A STOP SIGN and EXCEEDED the SPEED LIMIT with his VEHICLE, and thereby cause the death of ADALBERTO ALVAREZ, in violation of 782.071 Florida Statutes." The defendant filed a motion to dismiss this information under Fla.R.Crim.P....

...by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." § 782.071(1), Fla....

...particular result if the result would not have happened in the absence of the defendant's conduct. Thus, a defendant's reckless operation of a motor vehicle is a cause-in-fact of the death of a human being under Florida's vehicular homicide statute [§ 782.071(1), Fla....

...Rehearing Denied October 2, 1984. *917 Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant. Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. Nelson B. Jackson appeals his conviction of vehicular homicide in violation of section 782.071, Florida Statutes (1982 Supp.)....

...e (felony) 782.04(3) 7.5 murder ----------------------------------------------------------------------------- Third degree (felony) 782.04(4) 7.6 murder ----------------------------------------------------------------------------- Vehicular homicide 782.071 7.9 ----------------------------------------------------------------------------- Aggravated assault 784.021 8.2 ----------------------------------------------------------------------------- Aggravated battery 784.045 8.4 --------------------...

...------------------------------------------------------------------------ Manslaughter 782.07 7.7 ------------------------------------------------------------------------ Third degree (felony) 782.04(4) 7.6 murder ------------------------------------------------------------------------ Vehicular homicide 782.071 7.9 ------------------------------------------------------------------------ (Nonhomicide lessers) 777.04(1) 5.1 Attempt ------------------------------------------------------------------------ Culpable negligence 784.05(2) 8.78.9 -----------...

...------------------------------------------------ Assault 784.011 8.1 ------------------------------------------------------------------------ Comment This instruction was adopted in 1981 and amended in 1997 and 2008. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 or § 782.072, Fla....

...(Defendant) operated the [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person. An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. *1042 Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....

...(Defendant) failed to give information and render aid as required by law. (Read applicable portion of § 316.062, Fla. Stat., as charged in information or indictment.) However, the State is not required to prove (defendant) knew that the accident resulted in injury or death. Definition s. § 782.071(2), Fla....

..."Vessel" is synonymous with boat and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE — 782.071 or 782.072 -------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....

...We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. The question presented is whether a prior conviction of reckless driving, willful and wanton, proscribed by section 316.029, Florida Statutes (1975), bars a subsequent prosecution for vehicular homicide proscribed by section 782.071, Florida Statutes (1975)....

...Chikitus, while driving an automobile, was involved in an accident which resulted in the death of two people. He was charged with, pled nolo contendere to, and was convicted of willful and wanton reckless driving contrary to section 316.029. Subsequently, he was charged with two counts of vehicular homicide in violation of section 782.071....

...Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. SAWAYA, J. The issue we must resolve is whether the proscriptions against double jeopardy prohibit multiple convictions of first-degree vehicular homicide under section 782.071(1)(b), Florida Statutes (2001), for the death of each victim involved in a single accident caused by the defendant who subsequently fled the accident scene and failed to render aid to the victims....

...He was subsequently apprehended and arrested. McKnight was charged with several offenses, but the two with which we are concerned here are the counts charging vehicular homicide for the deaths of each victim. Each of the two counts was charged as a first-degree felony under section 782.071(1)(b), Florida Statutes (2001), because McKnight failed to render aid to the victims....

...ution. Bautista; Bryan v. State, *372 865 So.2d 677 (Fla. 4th DCA 2004). Use of the adjective "any" indicates an ambiguity that may require application of the rule of lenity. Bautista. We look first to the language of the vehicular homicide statute. Section 782.071, Florida Statutes (2001), provides: "Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...ation, but the killing of a human being. 863 So.2d at 1186 (footnotes and citations omitted). Because vehicular homicide falls within the category of homicide crimes, we find *373 this reasoning applicable to the instant case. Moreover, we note that section 782.071 states that "`[v]ehicular homicide' is the killing of a human being." The use of the article "a" clearly indicates the Legislature's intent that the death of each human being is the allowable unit of prosecution under the statute. Hence, separate convictions for vehicular homicide for each death resulting from one accident do not violate double jeopardy principles. McKnight argues that the punishment for each count is enhanced to a first-degree felony pursuant to section 782.071(1)(b) because he left the scene of the accident and, because there was only one accident scene, he cannot twice be convicted for the same offense....

...injuries. See, e.g., Hunt v. State, 769 So.2d 1109, 1111 (Fla. 2d DCA 2000) ("Both the First and Fourth Districts have held that double jeopardy bars prosecution under section 316.027(1), Florida Statutes (1991), because that section is subsumed by section 782.071(2), Florida Statutes (1991).") (citing Pierce v....

...the cases McKnight relies upon and the instant case is that McKnight is not faced with convictions for leaving the scene of an accident pursuant to section 316.027, Florida Statutes (2001), in addition to his convictions for vehicular homicide under section 782.071(1). Moreover, effective October 1, 1996, the Legislature amended section 782.071(1)(b) by deleting the language "willfully fails to stop or comply with the requirements of s....

...316.027(1)" and substituting the provision that the defendant "failed to give information and render aid as required by s. 316.062." Ch. 96-330, § 14, at 1902, Laws of Fla. [6] We believe that this amendment indicates the Legislature intended to clarify that the aspect of criminal conduct to be punished under section 782.071(1)(b) is the defendant's failure to render aid to each victim of the accident as required by section 316.062 rather than the defendant's act of fleeing from a single accident scene in violation of section 316.027....

...failed to comply with section 316.062 is a result-driven sanction that implicitly recognizes the possibility that the victims may not have died had the defendant complied with his statutory duty. Based on our examination of the statutory language of section 782.071(1)(b) and its interrelated statutory provisions, its pertinent legislative history, the purpose for its enactment, the relevant case law, and the uniform statutory treatment of manslaughter offenses, see Bautista, we believe that the legislative intent is clear and leads to only one conclusion. The aspect of criminal conduct to be punished in a prosecution for vehicular homicide under section 782.071(1)(b) is the failure to render aid to the victims and, therefore, the allowable unit of prosecution is each victim. Because the legislative intent is clear, the rule of lenity is inapplicable. Accordingly, multiple first-degree felony convictions under section 782.071(1)(b), based on the number of victims killed in a single accident who did not receive aid from the defendant, are appropriate without violating double jeopardy principles regardless of the fact that the defendant fled only one accident scene....

...The charge was filed under Section 782.07, Florida Statutes (1975), the general manslaughter statute which classifies the offense as a second-degree felony. Upon defendant's motion, the trial court dismissed the amended information with leave to the state to file another information alleging a violation of Section 782.071, Florida Statutes (1975), the vehicular homicide statute. Section 782.071 defines vehicular homicide as: [T]he killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...." Section 817.68, Florida Statutes (1973). Affirmed. HOBSON, A.C.J., and GRIMES, J., concur. *419 ON PETITION FOR REHEARING SCHEB, Judge. On Petition for Rehearing the state argues that our main opinion is incorrect. The state contends that vehicular homicide as proscribed by Section 782.071, Florida Statutes (1975) is a lesser included offense within the crime of manslaughter as defined in Section 782.07....

...In a prosecution for manslaughter under Section 782.07 the state is required to prove "the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification." To sustain a conviction for vehicular homicide under Section 782.071, it is incumbent upon the prosecution to establish the victim was killed as a result of the defendant operating a motor vehicle "in a reckless manner likely to cause the death of, or great bodily harm to, another." The state suggests that the reckless conduct described in Section 782.071 can be established by a lesser standard of proof than is required to prove culpable negligence under Section 782.07....

...Despite the semantic differences between our two Florida statutes, we find no articulable difference in the elements of proof required to establish guilt of the crimes therein proscribed. Accordingly, we reject the state's argument in its Petition for Rehearing. We think that in enacting Section 782.071 the legislature intented to create a separate offense which requires the same standard of proof as is required under Section 782.07, but to impose a lesser penalty on those convicted for vehicular homicide....

...Defendant-appellant Martinez contends that the evidence was legally insufficient to convict him of vehicular homicide. "`Vehicular homicide' is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." § 782.071(1), Fla.Stat....

...Defendant's objection was addressed to the sound discretion of the trial court, and under the circumstances, we see no abuse of that discretion. Defendant asserts that his sentence exceeds the legal maximum. Defendant was convicted of vehicular homicide under subsection 782.071(1), Florida Statutes, which is a third degree felony....

...State, 591 So.2d 930, 932 (Fla.1992). [5] Even if the pre-July 1, 1987 version of the sentencing guidelines were still in effect, victim injury points would be properly scored in the present case. The death of the victim is an element of the crime of vehicular homicide under section 782.071, Florida Statutes.

...As a result of the accident, the fetus was stillborn, having never lived independently of his mother's body and never having a heartbeat or breath after delivery by Caesarean section. The state charged appellee with two counts of vehicular homicide in violation of section 782.071, Florida Statutes (1983), and two counts of DWI manslaughter in violation of section 316.1931, Florida Statutes (1983)....

...Appellee moved to dismiss counts III and IV of the information on the grounds that these counts which alleged "the death of a human being, to wit: Michael Thomas Umbel, fetus," failed to state a crime. Following a hearing, the court dismissed counts III and IV. The state appeals. Section 782.071 defines vehicular homicide as "the killing of a human being" by the reckless operation of a motor vehicle....

...However, we are not confronted with such a situation here because factors two and three are not weighted heavily in Vela's favor. [2] Vela was charged and convicted of both DWI/Manslaughter in violation of section 860.01, Florida Statutes (1977) and vehicular homicide, in violation of section 782.071, Florida Statutes (1977)....

...Smith, III, of Smith, Carta, Ringsmuth & Kluttz, Fort Myers, for appellant. Jim Smith, Atty. Gen., Bartow, and Diane Barrs, Asst. Atty. Gen., Tampa, for appellee. EVANS, VERNON W., Jr., Associate Judge. Having been convicted of a vehicular homicide under section 782.071, Florida Statutes (1981), the appellant presents four points for review on appeal, the most serious of which challenges the sufficiency of the evidence to support the conviction....

...ounty, Florida. Appellant contends that the evidence presented to the jury was insufficient as a matter of law to establish that degree of recklessness in the operation of a motor vehicle required to sustain a conviction under the aforesaid statute. Section 782.071, Florida Statutes (1981), provides: Vehicular Homicide....

...hey contributed to the victim's death along with the more lethal gunshot wounds. It is settled law that separate convictions and sentences under two homicide statutes [DUI manslaughter, § 316.193(3)(c)(3), Fla. Stat. (1993), and vehicular homicide, § 782.071, Fla....

...The District Court of Appeal, Second District, has certified to us its decision in State v. Young, 357 So.2d 416 (Fla. 2d DCA 1978), as passing upon a question of great public interest. The question presented is whether the vehicular homicide statute, section 782.071, Florida Statutes (1975), [1] is the only statute under which a person who negligently causes the death of another by operation of a motor vehicle may be prosecuted or whether that person may be charged with violation of the manslaughter statute, section 782.07, Florida Statutes (1975)....

...perating his tractor-trailer in such a manner as to cause it to collide with the victim's automobile. The trial court dismissed the information for the crime of manslaughter with leave to the State to file another information alleging a violation of section 782.071....

...s (1975), as a result of a collision between his tractor-trailer and a passenger car. Following the dismissal of its amended information, the state appealed to the district court. The trial court had held that the state was required to proceed under section 782.071, Florida Statutes (1975), the "vehicular homicide" statute, and the appellate court agreed....

...As the court below stated: [3] Despite the semantic differences between our two Florida statutes, we find no articulable difference in the elements of proof required to establish guilt of the crimes therein proscribed... . We think that in enacting Section 782.071 the legislature intented [ sic ] to create a separate offense which requires the same standard of proof as is required under Section 782.07, but to impose a lesser penalty on those convicted for vehicular homicide. The opinion of the court below should be approved and the decision affirmed. OVERTON and SUNDBERG, JJ., concur. NOTES [1] Section 782.071, Fla....

...r *911 homicide."). Therefore, we conclude that Valdes did not overrule the well-settled principle that a single death cannot give rise to dual homicide convictions. Turning to this case, the jury convicted the defendant of vehicular homicide, under section 782.071, Florida Statutes (2005), and DUI manslaughter, under section 316.193(3)(c)3b, Florida Statutes (2005)....

...Shevin, Atty. Gen., for appellee. Before HAVERFIELD, C.J., and HENDRY and NATHAN, JJ. HAVERFIELD, Chief Judge. Defendant, Steven Joseph Homer, seeks reversal of an order withholding adjudication of guilt upon a jury verdict of guilty of vehicular homicide [Section 782.071, Florida Statutes (1976)], placing him on 7 years probation and fining him $5,000....

...It is generally required that the issue on appeal be encompassed within the specific legal argument presented below, see Tillman v. State, 471 So.2d 32 (Fla. 1985), and appellant does not now contest his multiple convictions. Rather, he challenges the multiple sentences under section 782.071(2) and section 316.027(1)....

...olved in an accident resulting in injury or death of any person shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene... . ..... 782.071 Vehicular Homicide....

...(2) Any person who commits vehicular homicide and willfully fails to stop or comply with the requirements of s. 316.027(1) *1001 is guilty of a felony of the second degree.... [1] The state argues that multiple sentences are permissible because the two statutes contain distinct elements, as section 782.071(2) requires a predicate vehicular homicide, whereas section 316.027 does not....

...pra, where the court found that the offense of theft was subsumed within the offense of organized fraud, even though organized fraud contained additional elements, in the present case section 316.027(1) (a third degree felony) may be subsumed within section 782.071(2) (a second degree felony), even though the greater offense may also involve additional elements; the necessary analysis is whether section 782.071(2) encompasses all of the elements of section 316.027(1). The statutory elements of section 316.027(1) require that the defendant shall have been the driver of a vehicle involved in an accident resulting in injury or death, and shall have failed to stop, remain at the scene, etc. Section 782.071(2) elevates the offense of vehicular homicide when the defendant fails to stop or comply with section 316.027(1). Section 782.071(2) thus necessarily and explicitly subsumes section 316.027(1). And "vehicular homicide" is defined at section 782.071(1) as occurring when the defendant operates a motor vehicle in a reckless manner which is likely to and does cause death or great bodily harm to another....

...Driving a motor vehicle which is involved in an accident resulting in injury or death, as specified in section 316.027(1), would also be encompassed by the operation of a motor vehicle in a reckless manner which results in the death of another, as specified in section 782.071(1). Since appellant's statutory offense under section 316.027(1) is necessarily subsumed within the statutory offense under section 782.071(2), appellant should not have been sentenced for the lesser offense....

...The sentence under section 316.027(1), Florida Statutes, is therefore vacated, the judgments and sentences otherwise affirmed, and the cause remanded. BOOTH and MINER, JJ., concur. NOTES [1] Cf., Sullivan v. State, 562 So.2d 813 (Fla. 1st DCA 1990), where violation of section 782.071(2) was not separately charged.

...to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events. [3] Under the facts of this case, the state might have charged Williams with vehicular homicide, section 782.071(1), Florida Statutes (2000), or fleeing or attempting to elude a law enforcement officer, section 316.1935(3), Florida Statutes (2000), both second degree felonies carrying the same punishment as third degree felony murder....

...-------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. -------------------------------------------------------------------------------------------------------- None Vehicular homicide 782.071 7.9 --------------------------------------------------------------------------------------------------------- Vessel homicide 782.072 7.9 --------------------------------------------------------------------------------------------------------...

...(3)(c)2 28.3 injury ------------------------------------------------------------------------------- DUI damage to or 316.193(3)(c) person or property -------------------------------------------------------------------------------- Vehicular homicide 782.071 7.9 --------------------------------------------------------------------------------- Comment This instruction was adopted in 1981 and amended in 1985 [477 So.2d 985], 1987 [508 So.2d 1221], 1989, 1992 [603 So.2d 1175], 1995 [665 So.2d 212], and 1998 [723 So.2d 123], and 2006. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 or § 782.072, Fla....

...(Defendant) operated the [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person. An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....

...(Defendant) failed to give information and render aid as required by law. (Read applicable portion of § 316.062, Fla. Stat., as charged in information or indictment.) However, the State is not required to prove (defendant) knew that the accident resulted in injury or death. Definitions § 782.071(2), Fla....

...n the water, used or capable of being used as a means of transportation on water. Lesser Included Offenses ---------------------------------------------------------------------------------------------------------------- VEHICULAR OR VESSEL HOMICIDE—782.071 or 782.072 ---------------------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....

...Jacob, Asst. Atty. Gen., for appellee. Before BARKDULL, HENDRY and JORGENSON, JJ. HENDRY, Judge. Paul Grala appeals from convictions on three counts of DWI manslaughter, [sec. 860.01(2), Fla. Stat. (1979)], and three counts of vehicular homicide, [sec. 782.071, Fla....

...a vehicle by the defendant, and that the defendant was intoxicated at the time he operated the vehicle. Baker v. State, 377 So.2d 17 (Fla. 1979). See also State v. Harris, 348 So.2d 283 (Fla. 1977). A conviction under the vehicular homicide statute, section 782.071, requires proof of the death of a human being by the operation of a motor vehicle in "a reckless manner likely to cause the death of, or *623 great bodily harm to, another." McCreary v. State, 371 So.2d 1024 (Fla. 1979) (vehicular homicide, section 782.071, requires a lesser standard of proof for conviction than the manslaughter statute, section 782.07)....

...Prior to the accident Patel had not been speeding, and he was not intoxicated. *220 In my view the (c)(4) motion should have been granted as to the charge of criminal manslaughter, but denied as to the lesser included offense of vehicular homicide. § 782.071, Fla....

...Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellant. Edward H. Fine of Campbell, Colbath, Kapner & Fine, West Palm Beach, for appellee. DOWNEY, Judge. Appellee was charged with two counts of vehicular homicide under Section 782.071, Florida Statutes (1975)....

...al one. [1] *536 The state chose to prosecute Mr. Behn under the culpable negligence standard of section 782.07, Florida Statutes (1989), which imposes a greater showing than that required to secure a conviction under the vehicular homicide statute, section 782.071, Florida Statutes (1989)....

...He was charged by a two count information with (1) manslaughter, causing another's death when driving while intoxicated, in violation of Section 860.01(2), Florida Statutes (1977); and (2) vehicular homicide, operating a motor vehicle in a reckless manner likely to cause the death of another, in violation of Section 782.071, Florida Statutes (1977)....

...rant and was the product of an unreasonable search and seizure. The trial court denied the motion, finding that at the time the car was impounded, Officer Wright had probable cause to believe M.C.J. had committed vehicular *1004 homicide pursuant to section 782.071, Florida Statutes, and that the search and seizure without a warrant were reasonable....

...cause the death of, or great bodily harm to, another," and that appellant's actions were also a proximate cause of the deaths. AFFIRMED. JOANOS, J., and PEARSON, TILLMAN, Associate Judge (Retired), concur. NOTES [1] Vehicular homicide is defined by Section 782.071, Florida Statutes (1981), as the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...and Steven R. Jacob, Asst. Atty. Gen., for appellee. Before BARKDULL, KEHOE and SCHWARTZ, JJ. SCHWARTZ, Judge. The juvenile appellant was declared delinquent as a result of the trial judge's finding that he was guilty of vehicular homicide, in violation of Section 782.071, Fla....

...has a blood alcohol level of .10 percent); (b) Who operates a vehicle; and (c) Who by reason of such operation, causes: * * * * * * 3. The death of any human being is guilty of DUI manslaughter, a felony of the second degree ... (Parenthesis added.) Section 782.071 defines vehicular homicide: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...Shands, 373 So.2d 904 (Fla. 1979); Rushton v. State, 395 So.2d 610 (Fla. 5th DCA 1981). Vehicular homicide is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of or great bodily harm to another. § 782.071(1), Fla....

...[3] § 322.34(3), Fla. Stat. (1989). [4] § 316.192, Fla. Stat. (1989). [5] § 316.193(3)(a), (b), (c)2, Fla. Stat. (1989). [6] DUI/Manslaughter is a felony of the second degree, § 316.193(3)(a), (b), (c)3. Vehicular homicide is a felony of the third degree, § 782.071(1)....

...d at 803 (citations omitted). The crime of vehicular homicide is defined as the killing of a human being “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

...Addressing the leaving the scene of an accident involving injury conviction first, Hunt argues, and the State agrees, that to convict Hunt of both vehicular homicide/leaving the scene of an accident involving death and leaving the scene of an accident involving injury constitutes double jeopardy. Section 782.071, Florida Statutes (1997), provides, in pertinent part: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great *1111 bodily harm to, another....

...Any person who willfully violates this paragraph is guilty of a felony of the third degree, ... Both the First and Fourth Districts have held that double jeopardy bars prosecution under section 316.027(1), Florida Statutes (1991), because that section is subsumed by section 782.071(2), Florida Statutes (1991). See Pierce v. State, 744 So.2d 1193, 1196 (Fla. 4th DCA 1999); Wright v. State, 573 So.2d 998, 1001 (Fla. 1st DCA 1991). This analysis applies to the 1997 version of the vehicular homicide statute as well. Section 782.071 subsumes the requirement found in section 316.027 that the motorist stop and comply with the requirements of section 316.062, Florida Statutes (1997)....

...Purdy, Public Defender, and Michael S. Becker, Assistant Public Defender, Daytona Beach, for Appellee. MONACO, J. The sole issue on this appeal is whether the trial court erred in dismissing the State's charges against Xiomara Lebron for vehicular homicide pursuant to section 782.071, Florida Statutes (2004)....

...Only when the most favorable construction to the State would not establish a prima facie *55 case of guilt should a rule 3.190(c)(4) motion to dismiss be granted. See State v. Pasko, 815 So.2d 680 (Fla. 2d DCA), review denied, 835 So.2d 268 (Fla.2002). Vehicular homicide, pursuant to section 782.071, Florida Statutes (2004), is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...5th DCA 2005), this court discussed "vehicular homicide." Vehicular homicide is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. See § 782.071, Fla....

..."Vehicular homicide is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." See § 782.071, Fla....

...115 feet away. The expert concluded that Esposito failed to look for pedestrians and was not paying attention. Vehicular homicide is a killing by the operator of a motor vehicle "in a reckless manner likely to cause ... death or great bodily harm." § 782.071, Fla....

...Richardson and Richard E. Gordon of Saxon & Richardson, P.A., Melbourne, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. ORFINGER, Judge. Appellant was convicted of vehicular homicide under section 782.071, Florida Statutes (1977)....

...that [the victim] is dead, that such death resulted from the operation of a vehicle by the *612 defendant ... and that said vehicle was operated in a reckless manner likely to cause death or great bodily harm to another ... This instruction tracks the language of section 782.071....

...The vehicular homicide statute states: "Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. § 782.071, Fla. Stat. (2000); see also W.E.B. v. State, 553 So.2d 323 (Fla. 1st DCA 1989); Rushton v. State, 395 So.2d 610, 612 (Fla. 5th DCA 1981). Section 782.071 has remained substantially unchanged since it first entered Florida law in 1975....

...evidence of a crime will be found in a particular place." Rabb, 920 So.2d at 1180 (internal quotations and citations omitted). Vehicular homicide is "the killing of a human being ... caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." § 782.071, Fla....

...These facts showing excessive speed support the finding that there was a probability, though not necessarily a prima facie showing, of criminal activity — "operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." § 782.071, Fla....

...on with another vehicle. A passenger in the other vehicle died as a direct result of the collision. Defendant was ultimately *1389 charged with manslaughter by an intoxicated motorist [§ 316.1931(2), Fla. Stat. (Supp. 1982)] and vehicular homicide [§ 782.071, Fla....

...that the trial court erred in denying his motion for judgment of acquittal of that offense. We agree. Vehicular homicide is the killing of a person by operating a motor vehicle in a reckless manner likely to cause death or great bodily injury. *1233 § 782.071, Fla....

...Avera of Avera, Bernstein & Perry, Gainesville, for appellant. Jim Smith, Atty. Gen., and John Koenig, Jr., Asst. Atty. Gen., Tallahassee, for appellee. PEARSON, TILLMAN (Ret.), Associate Judge. The appellant, Carl Michael Pitts, was found guilty, by a jury, of vehicular homicide as proscribed by Section 782.071, Florida Statutes (1981)....

...NIMMONS, Judge, concurring specially. I concur except for the confusing last sentence of the court's opinion, "The defendant may be retried if the State Attorney finds the admissible evidence sufficient." (e.s.) I would simply remand for a new trial. NOTES [1] Section 782.071, Florida Statutes: "`Vehicular homicide' is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another......

...On June 10, 1990, Edgard Jose Castillo was killed on State Road 836 in Dade County in a motor vehicle accident with a 1990 Camaro, owned by Sun Chevrolet and driven by Humberto Rodriguez. In a prior criminal action the State charged Rodriguez with vehicular homicide, § 782.071, Fla....

...We agree with the trial court's ruling that the record did not support a conviction for vehicular homicide. Vehicular homicide is the killing of a human being by the operation of a motor vehicle in a reckless manner likely to cause death or bodily harm. § 782.071(1), Fla.Stat....

...80-1427, ___ So.2d ___ (Fla. 5th DCA July 15, 1981) [1981 FLW 1693]; Ellis v. State, 346 So.2d 1044 (Fla. 1st DCA), cert. denied, 352 So.2d 175 (Fla. 1977); State v. DeJerinett, 283 So.2d 126 (Fla. 2d DCA), cert. denied, 287 So.2d 689 (Fla. 1973). [2] Section 782.071, Florida Statutes (1979), provides: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

...denied, 629 So.2d 135 (Fla. 1993), State v. Spella, 567 So.2d 1051 (Fla. 5th DCA 1990); however, as in those cases, we elect to affirm with an opinion that addresses the basis for the claim in order to save judicial labor. [2] See § 316.193(3), Fla. Stat. [3] See § 782.071, Fla....

...mon v. State, 336 So.2d 586 (Fla. 1976), which case the judge cited in his order. Filmon, however, involved Section 782.07, Florida Statutes (1975), the manslaughter statute, whereas the information in the instant case charged Ward with violation of Section 782.071, the vehicular homicide statute....

...f, or great bodily harm to, another." The Florida Supreme Court, in an opinion rendered after the order dismissing the charges against Ward, held that the legislature created a lesser included offense to a Section 782.07 manslaughter when it created Section 782.071, and that therefore the standard of proof for vehicular homicide is less than that for manslaughter....

...James Marion Moorman, Public Defender, and Julius Aulisio, Asst. Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee. LEHAN, Judge. Defendant was convicted of vehicular homicide, a third-degree felony in violation of section 782.071(1), Florida Statutes (1989)....

..."The degree of culpability required for a vehicular homicide is less than that needed for manslaughter, but more than a mere failure to use ordinary care. See McCreary ...." State v. Esposito, 642 So.2d 25, 26 (Fla. 4th DCA 1994). Read without the gloss of McCreary, section 782.071(1), Florida Statutes (1993), seems to define a kind of negligence not readily distinguishable from culpable negligence proscribed by the manslaughter statute. Section 782.071(1), Florida Statutes (1993), provides: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. The McCreary majority rejected the three dissenters' view that the purpose of section 782.071(1), Florida Statutes (1993), "was to decrease the possible penalty for manslaughter caused by the operation of a motor vehicle." 371 So.2d at 1028....

...Heller, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. This is an appeal from Appellant's convictions for racing on a highway, in violation of section 316.191(2)(a), Florida Statutes (2005), and vehicular homicide, in violation of section 782.071(1), Florida Statutes (2005)....

...State, 876 So.2d 737, 739-740 (Fla. 1st DCA 2004). Vehicular homicide "is the killing of a human being . . . caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." § 782.071, Fla....

...rts of Appeal in Houser and Mastro, and we certify the following question to be one of great public importance: "IS THE SCHEDULE OF LESSER INCLUDED OFFENSES PROMULGATED BY THE FLORIDA SUPREME COURT IN 1981 IN ERROR IN CLASSIFYING VEHICULAR HOMICIDE (§ 782.071) AS A NECESSARILY LESSER INCLUDED OFFENSE OF D.W.I....

...f the death of any human being be caused by the operation of a motor vehicle by any person while intoxicated, such person shall be deemed guilty of manslaughter, and on conviction be punished as provided by existing law related to manslaughter. "[2] Section 782.071, Florida Statutes (1981), provides: Vehicular homicide....

...laughter, and on conviction be punished as provided by existing law relating to manslaughter. (3) Convictions under the provisions of this section shall not be a bar to any civil suit for damages against the person so convicted. "Second, it violated section 782.071, Florida Statutes (1981) which states: Vehicular homicide....

...First is manslaughter, then vehicular homicide and next, reckless driving. See McCreary v. State, 371 So.2d 1024, 1027 (Fla. 1979). Vehicular homicide is a felony of the third degree punishable by 5 years in prison, and reckless driving is a misdemeanor punishable by 90 days to 6 months in prison. See §§ 782.071 and 316.192 Florida Statutes....

...homicide such that, where a court refuses to give the requested instruction on reckless driving during a trial on vehicular homicide, it commits reversible error? Reversed and remanded for new trial. SMITH, C.J., and WENTWORTH, J., concur. NOTES [1] Section 782.071 Florida Statutes (1985) provides: 782.071 Vehicular homicide....

...community baseball park, and single family residences." The report went on to describe the street in question as "lightly traveled." Based on the above findings, Knight was charged by information with one count of vehicular homicide in violation of section 782.071, Florida Statutes....

...After considering Porter's report, the court found the undisputed facts did not support a prima facie case for violation of the statute, and therefore granted the motion. The trial court agreed with Knight that the charge was based solely on excessive speed which was insufficient to establish a violation of section 782.071....

..., but which, instead, proceeded to the jury following fully-developed trials. [2] Based on the foregoing, we reverse the order granting Knight's motion to dismiss. The cause is remanded for further proceedings. ERVIN and WOLF, JJ., concur. NOTES [1] Section 782.071(1) defines "vehicular homicide" as "the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." [2] Interestingly, the Second Distri...

...t Pierce had not waived the double jeopardy issue. See Austin v. State, 699 So.2d 314 (Fla. 1st DCA 1997). Other portions of the Wright holding remain undisturbed. Wright involved the same statutes at issue here, and held that convictions under both section 782.071(2), Florida Statutes (1991), and section 316.027(1), Florida Statutes (1991), violate the defendant's right against double jeopardy. See 573 So.2d at 1000. Section 782.071(2) provides: Any person who commits vehicular homicide and willfully fails to stop or comply with the requirements of s....

...t, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene of, the accident until he has fulfilled the reporting requirements of s. 316.062. Wright held that section 316.027(1) was subsumed within section 782.071(2)....

...See also Foreman v. State, 727 So.2d 1135 (Fla. 4th DCA 1999)(double jeopardy bars separate convictions for vehicular homicide, leaving the scene, and leaving the scene of an accident with injuries). Although this appeal does involve different statutes, section 782.071(2), Florida Statutes (1991)(vehicular homicide, failure to stop), and former section 316.027(1), Florida Statutes (1991), as distinguished from section 316.027(1)(a) and (b), Florida Statutes (1995)(accident resulting in injury or dea...

...xt. Palmer was convicted of vehicular homicide. This is defined as: the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. (Emphasis supplied.) § 782.071, Fla....

...The only factors used against her to show conscious recklessness were that she did not apply her brakes or take evasive action to avoid hitting the motorcycle. She testified she did not have time to take any such *504 action, and the evidence supported her answer. Unless section 782.071 encompasses ordinary negligence, which I do not think it does or should, [2] Palmer's conviction should be reversed....

...Public Defender, Bartow, for appellant. Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. William Terry Brown was convicted by a jury of DWI manslaughter, section 316.1931, Florida Statutes (Supp. 1982), and vehicular homicide, section 782.071, Florida Statutes (1981)....

...This case is before us to answer a question certified by the district court to be of great public importance, to wit: IS THE SCHEDULE OF LESSER INCLUDED OFFENSES PROMULGATED BY THE FLORIDA SUPREME COURT IN 1981 IN ERROR IN CLASSIFYING VEHICULAR HOMICIDE (§ 782.071) AS A NECESSARILY LESSER INCLUDED OFFENSE OF D.W.I....

...McDONALD, J., concurs in result only. NOTES [1] Defendant was charged by information with two counts (2 victims) of manslaughter by driving while intoxicated pursuant to section 860.01, Florida Statutes (1981). If he had also been charged with vehicular homicide pursuant to section 782.071, Florida Statutes (1981), the present problem would not have arisen.

...Gfeller or Mary shall be determined *1215 by the trial circuit, and again if necessary, the court may employ an in camera technique. Petition for Writ of Certiorari GRANTED; Modify Orders Compelling Answers. SAWAYA and ORFINGER, JJ., concur. NOTES [1] § 782.071, Florida Statutes (2000)....

...oholic beverages to the extent that his normal faculties were impaired or while he had a blood alcohol level of .10% or higher, and by reason of such operation, caused the death of Martha Widner. A second count charged vehicular homicide pursuant to § 782.071, Florida Statutes, 1987, for the same conduct....

...formation was filed by the State. On June 22, 1981, a felony information was filed charging appellee with three counts of manslaughter in violation of section 860.01(2), Florida Statutes (1979), and three counts of vehicular homicide in violation of section 782.071....

...Jim Smith, Atty. Gen., Royall P. Terry, Jr., Asst. Atty. Gen., for appellee. NIMMONS, Judge. Appellant/Dorman appeals from judgment and sentence for both DWI manslaughter under Section 316.1931(2)(c), Florida Statutes (1985) and vehicular homicide under Section 782.071, Florida Statutes (1985)....

...Rehearing and Rehearing En Banc Denied June 8, 2006. SUAREZ, Judge. This is an appeal from an order granting the defendant's Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss the State's prosecution of a vehicular homicide charge brought pursuant to section 782.071, Florida Statutes (1999)....

...We find that the facts, taken in the light most favorable to the State, establish a prima facie case of vehicular homicide which is reserved for the jury on the issue of proximate cause and therefore reverse the order granting the motion to dismiss. The elements of vehicular homicide under section 782.071, Florida Statutes *30 (1999), [1] are (1) that the defendant must operate a motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another, and (2) that the reckless operation of the motor vehicle must be the proximate cause of the death of the human being....

...316, 251 A.2d 185 (1968); Michigan v. Barnes, 182 Mich. 179, 148 N.W. 400 (1914); Pennsylvania v. Sisca, 245 Pa.Super. 125, 369 A.2d 325 (1976); cf. Daigle v. State, 848 So.2d 1233, 1234 (Fla. 2d DCA 2003), review denied, 898 So.2d 937 (Fla. 2005). NOTES [1] 782.071 Vehicular homicide.—"Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. § 782.071, Fla....

...Case law applying the statute at issue here preserves the distinction between negligence and criminal conduct. “ ‘Vehicular homicide’ is the killing of a human being ... caused by the operation of a motor vehicle by another in a reckless manner likely to cause death of, or great bodily harm to, another.” § 782.071, Fla....

...Clearly, these deaths were caused at least partially by the actions of Bush and his brother. Turning to the possibility that the jury may have returned verdicts of manslaughter under the theory that Bush caused the deaths, but not by culpable negligence, I would note that Florida's vehicular homicide *286 statute, section 782.071, Florida Statutes (1985), contains an element of causation; that is, it requires a defendant to operate a motor vehicle in a reckless manner likely to cause death or great bodily harm to another....

...llant's blood. Appellant also contends that he should not have been sentenced for both DWI manslaughter and vehicular homicide because only a single death occurred. However, DWI manslaughter, § 316.1931(2), Florida Statutes, and vehicular homicide, § 782.071, Florida Statutes, are separate and distinct offenses, each requiring proof of an element which the other does not; [2] the imposition of sentences for both offenses therefore does not violate protections against double jeopardy....

...State, 450 So.2d 305 (Fla. 5th DCA 1984); compare Johnson v. State, 419 So.2d 1144 (Fla. 2d DCA 1982); Miller v. State, 339 So.2d 1129 (Fla. 2d DCA 1976); Stewart v. State, 184 So.2d 489 (Fla. 4th DCA 1966). While Vela suggests that § 316.1931(2) and § 782.071 merely provide differing methods of proving the single offense of homicide, upon examining the statutes we must disagree. Section 782.071 is a homicide statute which circumscribes the fatal operation of a motor vehicle "in a reckless manner likely to cause ......

...Curtis and Kristen M. Buzzanca of Peterson & Myers, P.A., Winter Haven, for Appellee. PER CURIAM. Dean A. Townsend was charged by information with DUI manslaughter in violation of section 316.193(3)(c)3, Florida Statutes (1995); vehicular homicide in violation of section 782.071, Florida Statutes (1995); and two counts of DUI with serious bodily injury in violation of section 316.193(3)(c)2....

...Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee. SHIVERS, Judge. This is an appeal from the conviction and sentencing of appellant Richard Livingston White for two counts of vehicular homicide under Section 782.071, Florida Statutes (Supp....

...Vehicular homicide is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm, to another. § 782.071, Fla....

...We reverse because although the sentence was a downward departure from the sentencing guidelines, it exceeded the statutory maximum for the crime and thus constituted an illegal sentence. Hollybrook entered nolo contendere pleas to three counts of vehicular homicide, third-degree felonies under section 782.071(1), Florida Statutes (1997)....

...Dessaure v. State, 891 So.2d 455, 466 (Fla.2004). “ ‘Vehicular homicide’ is the killing of a human being ... caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

...Miller, Special Assistant, Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Sonya Roebuck, Horbelt, Assistant Attorney General, Tampa, for Appellee. FULMER, Judge. James S. Keller appeals his conviction for vehicular homicide, in violation of section 782.071(2), Florida Statutes (2000)....

...This cause is before us on appeal from judgment of conviction for vehicular homicide. On appeal, appellant contends that the trial court erred in (1) denying appellant's motion for judgment of acquittal, and (2) sentencing appellant to a second-degree felony under Section 782.071(2), Florida Statutes....

...We find that the trial court properly denied appellant's motion for acquittal based on the State's production of sufficient competent evidence to support each element of vehicular homicide. However, the court erred in sentencing appellant to a second-degree felony under Section 782.071(2), Florida Statutes, where appellant was not charged with, or found guilty of, violation of Section 782.071(2). Section 782.071, Florida Statutes, provides: (1) "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...The information filed by the State charged appellant with Count I, manslaughter under Section 782.07, and Count II, leaving the scene of an accident with personal injury in violation of Section 316.027. The trial judge instructed the jury on vehicular homicide under Section 782.071(1) as a lesser-included offense of the Count I manslaughter charge. No instruction was given on Section 782.071(2)....

...The jury returned a verdict of guilty of vehicular homicide and guilty of unlawfully leaving the scene of an accident. [1] Appellant, released on his own recognizance, returned for sentencing. Prior to the sentencing hearing, the State filed a notice of intent to seek sentencing under Section 782.071(2). Appellee's objection to application of that provision was overruled. The court enhanced the offense from a third-degree to a second-degree felony and sentenced appellant to five years' imprisonment. Appellee argues that enhancement under Section 782.071(2) is comparable to that of Section 775.0845 (wearing a mask while committing an offense) and Section 775.0846 (wearing bulletproof vest while committing an offense)....

...1st DCA 1986), the charge as to each offense specified it was committed "while masked," and the jury found appellant guilty as charged. But appellee contends that since the enhancement provision of the vehicular homicide statute is "mandatory and automatic," defendant need not be charged with violation of Section 782.071(2)....

...[emphasis in original] The trial court in the instant case sentenced appellant on vehicular homicide as a second-degree felony; however, the vehicular homicide count, when viewed independently, does not contain all of the elements necessary to sentence appellant to a felony of the second degree pursuant to Section 782.071(2)....

...3d DCA 1985) (stating that the Florida legislature is capable of distinguishing between an unborn child and a person born alive since it has enacted legislation acknowledging the distinction). The legislature has, in other contexts, explicitly provided protection for fetuses. See, e.g., § 782.071, Fla....

...link in the chain of evidence.'" Overway v. State, 718 So.2d 308, 310 (Fla. 5th DCA 1998) (quoting Brown v. State, 206 So.2d 377, 382 (Fla.1968)). Review of section 316.193 of the Florida Statutes, which defines the offense of DUI manslaughter, and section 782.071 of the Florida Statutes, which defines the offense of vehicular homicide, reveals that the trial court properly determined that vehicular homicide is not a necessarily lesser included offense of *519 the crime of DUI manslaughter beca...

...Accordingly, we remand this matter to the trial court for purposes of resentencing. AFFIRMED in part; REVERSED in part; REMANDED. COBB and PETERSON, JJ., concur. NOTES [1] § 316.193(3)(c)3, Fla. Stat. (1997). [2] § 316.192(1), Fla. Stat. (1997). [3] §§ 322.34(1); 316.193(3)(c)2, Fla. Stat. (1997). [4] § 782.071, Fla....

...The appellee, the State of Florida, in its motion for rehearing alleges that our original opinion overlooked the decision rendered by our supreme court in State v. Jackson, 478 So.2d 1054 (Fla. 1985). For the reasons that follow, we affirm. The information alleged that the appellant violated section 782.071, Florida Statutes (1975), by recklessly operating an automobile resulting in the death of another human being....

...We affirm the conviction because Kahn has failed to demonstrate reversible error in the trial proceedings. We remand for resentencing, however, because the trial court improperly applied section 921.0012, Florida Statutes (1993), to this offense. Kahn was convicted of vehicular homicide, a second-degree felony, pursuant to section 782.071(2), Florida Statutes (1993)....

...d-degree felony, not specifically listed in section 921.0012, is to be given a level four severity ranking. The trial court, however, ranked Kahn's offense at level seven. While the State agrees that second-degree vehicular homicide, provided for in section 782.071(2), is not specifically listed in section 921.0012, it nonetheless argues that it is nonsensical to score third-degree vehicular homicide, provided for in section 782.071(1) and specifically listed under section 921.0012 at severity level seven, more severely than the second-degree felony....

...r eluding a law enforcement officer causing serious bodily injury or death, vehicular homicide, grand theft of a motor vehicle, resisting an officer without violence, and driving with a suspended license. See §§ 316,027(2)(c), .1935(3)(b), 322.34, 782.071(1)(a), 812.014, 843.02, Fla....

...the scene of a crash with death do hot share the same elements. Vehicular homicide requires reckless operation of a vehicle, but leaving the scene of a crash with death does not' require that the vehicle be operated in-any particular manner. Compare § 782.071(l)(a) (vehicular homicide), with § 316,027(2)(c) (leaving the scene of a crash with death). Moreover, leaving the scene of a crash with death also' requires that a defendant willfully leave the scene of a crash, whereas vehicular homicide has no such element. Compare § 782.071(l)(a), with § 316.027(2)(c)....

...f which required causation of a death as a necessary element in all circumstances (vehicular homicide) and a second which could have been charged without any death (fleeing or eluding causing serious bodily injury or death). See §§ 316.1935(3)(b), 782.071(l)(a)....

...1996) (quoting § 860.01(2), Fla. Stat. (1975)). . In this case, vehicular homicide was not reclassified into a first-degree felony for failure to remain at the scene and comply with Florida’s statutory information-giving and aid-giving duties. See § 782.071(l)(b)....

...by the operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm to another, did then and there unlawfully kill a viable fetus, to wit: BABY BOY DUNCAN, by injury to the mother, JENNIFER DUNCAN, contrary to Florida Statute 782.071(1). (Emphasis added). In October 2016, the State amended the information, removing all counts for driving under the influence, and charging Appellant with three counts of vehicular homicide (Counts 1-3) and one count of reckless driving causing serious bodily injury (Count 4)....

...by the operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm to another, did then and there unlawfully kill an unborn child, to wit: BABY BOY DUNCAN, by injury to the mother, JENNIFER DUNCAN, contrary to Florida Statute 782.071(1). (Emphasis added). The “viable fetus” language is consistent with the 2013 version of Florida’s vehicular homicide statute, whereas the “unborn child” language in the amended information tracks the 2014 version. Compare § 782.071, Fla. Stat. (2013) (amended 2014), with § 782.071, Fla. Stat. (2014). Significantly, both 2 charging instruments alleged that Appellant’s conduct was “contrary to Florida Statute 782.071(1).” During the State’s case-in-chief, eyewitnesses and law enforcement officers testified that Appellant was driving uphill and passing several vehicles in a no-passing zone while traveling in the lane of oncoming traffic at a speed of up to 90 miles per hour....

...defines vehicular homicide as “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

...vehicular homicide as “the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla. Stat. (2013) (amended 2014) (emphasis added). The legislation provided that “a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.” § 782.071(2), Fla. Stat. (2013) (amended 2014). The 2013 version of the vehicular homicide statute applied on the date of Appellant’s crimes. § 782.071(2), Fla....

...f the offense.” Id. at 695. The caption of Appellant’s amended information stated that Appellant was charged with vehicular homicide. The body of the amended information alleged that Appellant’s conduct was “contrary to Florida Statute 782.071(1).” Appellant could therefore have read the referenced statute and found that the charged offense required proof of viability. See § 782.071, Fla. Stat....

...rebuttable presumption of viability at 20 weeks); In re T.W., 551 So. 2d 1186, 1193-94 (Fla. 1989) (“Under current standards, [viability] generally occurs upon completion of the second trimester.”). 7 regarding any of the victims. See § 782.071, Fla....

...resulted in a horrendous multi-vehicle accident that killed four people (one an infant in utero) as well as injuring several others. One of the fourteen charges in the initial information accused Huckaba of vehicular homicide of the unborn infant under the applicable 2013 version of section 782.071, Florida Statutes, which required proof that Huckaba’s recklessness resulted in the killing of “a viable fetus.” Almost two years later, an amended charging document— narrowed to four counts and eliminating all DUI counts...

...In this case, the 2013 version of the vehicular homicide statute, and its corresponding standard jury instruction, said that “a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.” § 782.071(2), Fla....

...manner likely to cause the death of, or great bodily harm to, another" and is sufficient to support a conviction for vehicular homicide. . . . It is not unreasonable for the legislature to create a lesser included offense to cover the hiatus between section 782.071 manslaughter and the traffic offense of reckless driving created by section 316.029, Florida Statutes (1975)....

...On all other issues we also affirm. The state charged Knowles with first-degree vehicular homicide, i.e., "the killing of [David Markel] ... caused by [Knowles's] operation of a motor vehicle... in a reckless manner likely to cause the death of, or great bodily harm to, another." § 782.071, Fla. Stat. (2005). The charged crime constituted a first-degree felony because the state alleged that Knowles knew or should have known that an accident occurred, and failed to give aid and information as required by law. § 782.071(1)(b), Fla....

...Once that threshold burden is met, it becomes the jury's duty to determine whether the evidence is sufficient to exclude every reasonable hypothesis of innocence beyond a reasonable doubt. State v. Law, 559 So.2d 187, 189 (Fla.1989) (citation and footnote omitted). The state charged Knowles with vehicular homicide under section 782.071(1)(b), Florida Statutes....

...Knowles also claims that his conviction for vehicular homicide should be reversed because the state failed to instruct on the lesser included offense of reckless driving. The court denied Knowles's request based on State v. Barritt, 531 So.2d 338 (Fla.1988), and ultimately instructed the jury on vehicular homicide under section 782.071, Florida Statutes....

...“Vehicular homicide is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor- vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” See § 782.071, Fla....

...State, 384 So.2d 1294 (Fla. 2d DCA 1980). Although vehicular homicide does not include alcohol impairment as an element of the offense, it does require proof that the defendant was driving in a reckless manner likely to cause the death of another person. § 782.071, Fla....

...e; and (c) Who, by reason of such operation, causes: .... 3. The death of any human being is guilty of DUI manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Vehicular homicide is defined in section 782.071(1), Florida Statutes (1993), as "the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." The information filed in this case alle...

...Based on Haag’s double jeopardy argument, we reverse his convictions and sentences on counts two and three. We affirm without discussion the remaining convictions and sentences. Haag contends that his conviction for vehicular homicide/leaving the scene pursuant to section 782.071(l)(b), Florida Statutes (2007), and his two convictions for leaving the scene of a crash involving injury pursuant to 316.027(l)(a), Florida Statutes (2007), violated double jeopardy principles and constituted fundamental error....

...State, 769 So.2d 1109, 1110 (Fla. 2d DCA 2000). Nothing in our record indicates that Haag waived the double jeopardy claim in the trial court. In Hunt , this court recognized that convictions for vehicular homicide/leaving the scene of an accident involving death under section 782.071(2), Florida Statutes (1997), and leaving the scene of an accident involving injury under section 316.027(1), Florida Statutes (1997), violated double jeopardy principles because Hunt left the scene of only one accident....

...2d DCA 1999) (determining that only one conviction for leaving the scene of an accident could stand because the defendant left the scene of only one accident); Waldecker v. State, 707 So.2d 777, 778 (Fla. 2d DCA 1998) (same). This court stated in Hunt that “[sjection 782.071 subsumes the requirement found in section 316.027 that the motorist stop and comply with the requirements of section 316.062, Florida Statutes (1997).” 769 So.2d at 1111 ....

...ving the scene and the two convictions for leaving the scene of a crash involving injury do not violate double jeopardy principles. However, McKnight is distinguishable because there the issue was whether two convictions for vehicular homicide under section 782.071(1)(b) constituted a double jeopardy violation where the defendant fled and failed to give aid to the victims....

...tion to the vehicular homicide convictions. Id. at 373 . Here, because Haag’s two convictions for leaving the scene of a crash involving injury under section 316.027 are subsumed within the conviction for vehicular homicide/leaving the scene under section 782.071(l)(b), double jeopardy principles require that the two convictions under *353 section 316.027 be reversed....

...uries in the process. On these facts, the state chose to prosecute the Appellant for manslaughter by culpable negligence under section 782.07, Florida Statutes, which imposes a greater showing than that required under the vehicular homicide statute, section 782.071, Florida Statutes (1993)....

...Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Affirmed. DAMOORGIAN and GERBER, JJ., concur. GROSS, C.J., specially concurring. Appellant was convicted of violating section 782.071(1)(b), Florida Statutes (2008), a vehicular homicide aggravated by leaving the scene of the accident, so that the crime was a first degree felony....

...State, 957 So.2d 560, 577 (Fla.2007) (quoting Conde v. State, 860 So.2d 930, 943 (Fla.2003)). “ ‘Vehicular homicide’ is the killing of a human being ... caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

conviction for vehicular homicide in violation of section 782.071, Florida Statutes (1995), and raises three

...We also find error in the trial court’s sentencing the defendant to consecutive sentences of thirty years on Count I (vehicular homicide, leaving the scene), and five years on Count II (vehicular homicide). Counts I and II are different degrees of the same offense, see section 782.071, Florida Statutes (1991), and therefore the defendant cannot be sentenced for both....

...ble negligence, in violation of section 782.07, Florida Statutes (1975). A jury found him guilty of the two counts of manslaughter while driving under the influence of alcohol and found him guilty of two counts of vehicular homicide, in violation of section 782.071, Florida Statutes (1975), a lesser included offense of manslaughter with culpable negligence....

...However, since Perez received the benefit of the jury’s action, it should not be a ground for setting aside the jury’s finding of guilt on vehicular homicide. See Gonzalez v. State, 440 So.2d 514 (Fla. 4 th DCA1983). REVERSED and REMANDED. GOSHORN, J., concurs. COBB, J., concurs specially with opinion. . § 782.071, Fla....

...n of section 316.193(1), Florida Statutes (1983). On April 27, 1983, appellee was charged by information with manslaughter in count I, pursuant to section 782.07 and section 316.193(1). In Count II, he was charged with vehicular homicide pursuant to section 782.071, Florida Statutes (1983)....

...n February 2000, some six months after he was involved in a "motor vehicle accident" in Monroe County, Florida (emphasis added). The stipulation recited that the "accident resulted in criminal charges filed against [Cisneros] for vehicular homicide (Section 782.071, Fla....

...Tragically, the child later died. Five other passengers were also injured. There is no indication that Cisneros was under the influence of drugs or alcohol, or that he intended to cause the accident or death. Cisneros was charged with vehicular homicide, section 782.071, Florida Statutes (2000), some sixteen months after the accident....

...ing that vehicular homicide was a crime of moral turpitude warranting the dismissal. The School Board then adopted the ALJ's ruling, and this appeal followed. Analysis The parties stipulated that one School Board Rule [3] defined vehicular homicide, section 782.071, as a crime of moral turpitude....

...s, which, according to the accepted standards of the time a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude. [4] The vehicular homicide statute, section 782.071, involves "the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." The ALJ's sole charge, therefore, was to determine whether Cisneros's recklessness in the Aug...

...denied, 201 So.2d 464 (Fla.1967). If the culpable negligence results in injury rather than death, the offense is a misdemeanor. See § 784.05(2), Fla.Stat. (1991). The term “culpable negligence” is not unconstitutionally vague. State v. Greene, 348 So.2d 3 (Fla.1977). Section 782.071, Florida Statutes (1991), makes the killing of a human being by the *357 operation of a motor vehicle in a reckless manner a felony....

...which results in the killing of a human being where the degree of negligence falls short of culpable negligence but where the degree of negligence is more than a mere failure to use ordinary care. The court went on to hold: Furthermore, we find that section 782.071 is not unconstitutionally vague or indefinite....

HOBSON, Judge. R. C. G., Jr., a child, appeals an adjudication of delinquency on the charge of vehicular homicide, Section 782.071, Florida Statutes (1977)....

DOWNEY, Judge. Appellant was charged and convicted in Count I of DWI manslaughter in violation of section 316.1931(2), Florida Statutes; in Count II with vehicular homicide in violation of section 782.071, Florida Statutes; and in Count III with leaving the scene of an accident in violation of section 316.-027(1)(2), Florida Statutes....

...Committee, and the Committee’s response to the Court’s request for additional information, we amend the standard jury instructions as proposed by the Committee, with one modification discussed below, and authorize them for publication and use. Section 782.071, Florida Statutes (2014), defines the offense of Vehicular Homicide, while section 782.072, Florida Statutes (2014), defines the offense of Vessel Homicide....

...Liaison, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner -5-  APPENDIX 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 or § 782.072, Fla....

...However, the reckless operation of a [motor vehicle] [vessel] requires the State to prove more than a failure to use ordinary care. A “reckless manner” means in willful or wanton disregard for the safety of persons or property. Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....

...(Read applicable portion of § 316.062, Fla. Stat., as charged in information or indictment.) However, the State is not required to prove (defendant) knew that the accident resulted in injury or death. Definitions. Give if applicable. § 782.071(2), Fla....

...ry description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE – 782.071 or 782.072 CATEGORY ONE CATEGORY TWO FLA....

...2), Florida Statutes (2007), we reverse. On April 8, 2008, Cantlon was speeding on his motorcycle and crashed into the driver’s side of George Allen’s car. Allen died as a result of the accident. Cantlon was charged with vehicular homicide under section 782.071, Florida Statutes (2007)....

...The judge then adjudicated Poff guilty of the offense of “vehicular homicide, manslaughter” and sentenced him to fifteen years. On appeal Poff contends that he was sentenced for the charge of vehicular homicide, a felony of the third degree, under Section 782.071, Florida Statutes (1977), not manslaughter, a felony of the second degree, under Section 782.07, Florida Statutes (1977). He argues, therefore, that he should be sentenced to a maximum of five years imprisonment under Section 782.071....

...Durousseau v. State, 55 So.3d 543, 556 (Fla.2010). “ ‘Vehicular homicide’ is the killing of a human being ... caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

BASKIN, Judge. We are asked to review in consolidated appeals defendant’s conviction for vehicular homicide under Section 782.071, Florida Statutes (1977), and the revocation of his probation resulting in concurrent sentences of imprisonment....

...McCreary v. State, 371 So.2d 1024 (Fla.1979). Here, the evidence reveals that defendant Savoia killed another human being by the operation of a motor vehicle in “a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla.Stat....

082(3)(b). . These two counts were violations of section 782.071, Florida Statutes (1997), each a third degree

...Claiming “newly discovered evidence,” it dismissed the non-criminal violation against Michelle Ward and charged Luzardo with “feloniously operat[ing] a motor vehicle in a reckless manner, to wit: SPEEDING WITHOUT REGARD FOR THE SAFETY OF OTHERS” in violation of section 782.071(1) of the Florida Statutes.3,4 Both here and below Luzardo incants, in response, the oft-repeated statement in these type cases, that excessive speed alone will not support a conviction for 3The State’s Information reads in full...

...County and State aforesaid, did unlawfully and feloniously operate a motor vehicle in a reckless manner, to wit: SPEEDING WITHOUT REGARD FOR SAFETY OF OTHERS, and thereby caused the death of RACHEL MAY COULSON, in violation of s. 782.071(1), Fla. Stat., contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida. 4 According to the last review date on the Florida Highway Patrol Traffic Homici...

...case reads as follows: “‘Vehicular homicide’ is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. §782.071, Fla....

...Focusing on the actions of Luzardo, and considering the circumstances, we hold the State has not proffered sufficient facts from which a jury might conclude that Luzardo was engaged in reckless conduct “likely to cause the death of, or great bodily harm to another.” §782.071....

multiple convictions for vehicular homicide under Section 782.071, Florida Statutes, and DWI manslaughter under

...The charges stemmed from an automobile crash that resulted in the tragic deaths of five young people. At trial, the principal issue was whether appellant operated “a motor vehicle . . . in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

...However, the officer did not see 3 Vehicular homicide is defined as “the killing of a human being . . . caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

...the charging document alone, in determining whether Daniel improperly suffered multiple punishments for the same act. I. The State charged Daniel in Count I with vehicular homicide/leaving the scene of the accident, pursuant to section 782.071(1)(b), Florida Statutes, and identified the deceased victim, Alma Hardy....

...The premise of Daniel’s argument was that both Count I and II were based on the death of Alma Hardy. The trial court rejected Daniel’s argument. II. Vehicular homicide, as its name implies, requires death of a victim. § 782.071, Fla....

PER CURIAM. We find no error in the trial court approving a jury verdict finding the appellant-defendant guilty of vehicular homicide as proscribed by Section 782.071 Florida Statutes, (1981) even though the jury acquitted the defendant of manslaughter by driving a vehicle while intoxicated as proscribed by Section 860.01(2) Florida Statutes (1981)....

...es of the Department of Natural Resources and are not within the scope of their employment with the department and would not, therefore, be entitled to a publicly provided defense by the Department of Natural Resources pursuant to s. 111.07 , F.S. 2 Section 782.071 (1), F.S., provides that: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

PER CURIAM. The defendant was charged and convicted of manslaughter by operating a motor vehicle while intoxicated, in violation of Section 316.1931(1), (2)(c), Florida Statutes (1985), 1 and vehicular homicide, in violation of Section 782.071, Florida Statutes (1985)....

...Judge. Diane Hall timely appeals the trial court’s judgment and sentence adjudicating her guilty of vehicular homicide and' sentencing her to 120 months in prison. We affirm. Hall was charged by information with vehicular homicide in violation of section 782.071(1), Florida Statutes (Supp.1996)....

PALMER, J. Jay Eckard appeals his sentence which was entered by the trial court upon remand from this court. 1 We reverse. Eckard was found guilty of committing the crime of vehicular homicide, in violation of section 782.071 of the Florida Statutes (1997)....

...The appellant was originally convicted of aggravated battery, adjudication was withheld and he was given community control based upon an alleged plea agreement. He subsequently was charged with: Death by an impaired driver in violation of Section 316.193, Florida Statutes (1986); Vehicular Homicide in violation of Section 782.071, Florida Statutes (1985); Leaving the scene of an accident with personal injuries in violation of Section 316.027, Florida Statutes (1985); and Driving with a revoked or suspended license in violation of Section 322.34, Florida Statutes (1985)....

...It does appear, however, that a fourth claim raised by Morgan may have merit. He alleges his sentence is illegal in that it exceeds the statutory maximum and must be corrected. An illegal sentence may be raised at any time. [1] § 924.051(6)(c); Moore v. State, 768 So.2d 1140 (Fla. 1st DCA 2000). Section 782.071, Florida Statutes (1997), which applies to this case, lists vehicular homicide as a third degree and a second degree felony....

...NOTES [1] However, if the claim has been raised on appeal, the law of the case doctrine prevails and the claim will not be cognizable under rule 3.800. Brown v. State, 813 So.2d 132 (Fla. 5th DCA 2002). In this case, our records show this issue was not raised earlier. [2] Section 782.071, Florida Statutes (1997), provides: "Vehicular homicide" is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

PER CURIAM. Eddie Dickens appeals from his conviction for vehicular homicide under section 782.071, Florida Statutes (1987)....

WIGGINTON, Judge. Appellant appeals his conviction, after jury trial, of vehicular homicide and leaving the scene of the accident, in violation of section 782.071, Florida Statutes (1989). We reverse and remand. Section 782.071(1), Florida Statutes (1989) defines vehicular homicide as the killing of a human being by the operation of a motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another....

...sa Ross. He was charged in a four count information with: death by intoxicated driver in violation of section 316.1931, Florida Statutes (1983); manslaughter in violation of section 782.07, Florida Statutes (1983); vehicular homicide in violation of section 782.071, Florida Statutes (1983); and leaving the scene of an accident involving death in violation of section 316.027, Florida Statutes (1983)....

...case and this is the time for this motion. So I’m going to deny it and I’m going to enter my own order and we’re in recess. The trial court did not abuse its discretion. Accordingly, we affirm. AFFIRMED. PLEUS, C.J. and LAWSON, J„ concur. . § 782.071, Fla....

...der, according to the provisions of this chapter, shall be deemed manslaughter and shall constitute a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. . The vehicular homicide statute provides as follows: 782.071 Vehicular homicide.— (1) "Vehicular homicide” is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another....

...775.083, or s. 775.084. (2) Any person who commits vehicular homicide and willfully fails to stop or comply with the requirements of s. 316.027(1) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.071, Fla.Stat....

...5th DCA 2005). This standard recognizes that double jeopardy is offended if multiple punishments are imposed for the same offense. McKnight , 906 So.2d at 371 . In McKnight , the defendant was charged with two counts of first-degree vehicular homicide under section 782.071(1)(b), Florida Statutes (2001), for the death of two separate victims involved in a single accident....

...5th DCA 2005). This standard recognizes that double jeopardy is offended if multiple punishments are imposed for the same offense. McKnight, 906 So. 2d at 371. In McKnight, the defendant was charged with two counts of first-degree vehicular homicide under section 782.071(1)(b), Florida Statutes (2001), for the death of two separate victims involved in a single accident....

...The state appeals from a final order granting appellee’s motion to dismiss. Appellee was charged by information with the following offenses, all of which arose out of a single transaction: (1) DWI-manslaughter, in violation of section 860.01, Florida Statutes (1981); (2) vehicular homicide, in violation of section 782.071, Florida Statutes (1981); and (3) driving without a valid driver’s license, in violation of section 322.03, Florida Statutes (1981)....

PER CURIAM. The defendant was improperly convicted of two homicide offenses (manslaughter by culpable negligence — section 782.07, Florida Statutes and vehicular homicide — section 782.071, Florida Statutes) based on one death....

...caused the death of another human being through the operation of a motor vehicle “in a reckless manner likely to cause the death of, or great bodily harm to, another.” Rubinger v. State, 98 So. 3d 659, 662 (Fla. 4th DCA 2 2012) (quoting § 782.071, Fla....

...2 “Determining whether a defendant’s driving was reckless as distinguished from merely negligent is a ‘fact intensive, ad hoc inquiry’ such that each case involving charges like these turns on its own specific facts.” Desange, 294 So. 3d at 438 (quoting Luzardo, 147 So. 3d at 1086). Nothing in section 782.071, Florida Statutes (2015), supports the proposition that a finding of recklessness can be based solely on the numeric value of a driver’s excessive speed—which would by itself only constitute a non-criminal traffic offense—in the absence of other determinant factors....

...We grant the motion for rehearing, withdraw our prior opinion and substitute the following in its place. This is an appeal from the trial court’s summary denial of appellant’s motion for postconviction relief from his convictions for vehicular homicide, a violation of section 782.071, Florida Statutes (1998), and leaving the scene of an accident with injury, a violation of section 316.027, Florida Statutes (1998), both third degree felonies....

...However, the actual judgment of conviction states that appellant was convicted of a second degree felony, which the state concedes is incorrect. The information shows that the state amended the information, and appellant was only charged with vehicular homicide under section 782.071(1), Florida Statutes (1998), and was not charged with a violation of section 782.071(2), which is a second degree felony. The appellant is entitled to correction of the judgment. To this extent, we reverse, remand and instruct the trial court to correct the judgment of conviction to show that appellant’s conviction for vehicular homicide pursuant to section 782.071(1) is a third degree felony....

...The charges stemmed from an automobile crash that resulted in the tragic deaths of five young people. At trial, the principal issue was whether appellant operated “a motor vehicle . . . in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

...required element of vehicular homicide. 1 However, evidence that a 1 Vehicular homicide is defined as “the killing of a human being . . . caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

s. 316.062. (Emphasis added). Similarly, section 782.071(1), Florida Statutes (2010), provides for vehicular

resulting in death), as well as a violation of section 782.071 (vehicular homicide). Based on our supreme

...The State argues otherwise, claiming that the evidence presented a sufficient basis under the relevant statutory scheme for the trial court to exercise its discretion and order no pretrial release. 1 The State also charged Garcia with four counts of vehicular homicide/reckless manner, a second-degree felony, section 782.071(1)(A); and two counts of DUI causing serious bodily injury, a third-degree felony, section 316.193(3)(c)(2)....

...3d DCA 1985) (stating that the Florida legislature is capable of distinguishing between an unborn child and a person born alive since it has enacted legislation acknowledging the distinction). The legislature has, in other contexts, explicitly provided protection for fetuses. See, e.g., § 782.071, Fla....

...Because this determination is dispositive, we do not reach the other points raised by Apple in his appeal. REVERSED and REMANDED with directions to discharge Apple. HARRIS and PETERSON, JJ., concur. . § 316.193(3)(c)3, Fla. Stat. (1997). . § 316.193(2)(b), Fla. Stat. (1997). . § 782.071, Fla....

...2d 1221], 1992 [603 So. 2d 1175], 1995 [665 So. 2d 212], 1998 [723 So. 2d 123], 2006 [946 So. 2d 1061], 2009 [6 So. 3d 574], 2016 [190 So. 3d 1055], and 2017 [211 So. 3d 995], and 2019. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 or § 782.072, Fla....

...persons or property. “Willful” means intentional, knowing and purposeful. “Wanton” means with a conscious and intentional indifference to consequences and with the knowledge that damage is likely to be done to persons or property. Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla....

...A “motor vehicle” is a self-propelled vehicle not operated upon rails or guideway[, but not including any bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped]. Give if applicable. § 782.071(2), Fla....

...ty while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE – 782.071 or 782.072 CATEGORY ONE CATEGORY TWO FLA....

...Maisonet-Maldonado, 308 So. 3d 63, 69 (Fla. 2020) (stating that offenses passing the codified Blockburger test should be punished separately). "Vehicular homicide" is the killing of a human being by another person's operation of a motor vehicle in a reckless manner. See § 782.071, Fla....

...Further, the fatal injuries throughout the minor Scherer child’s body caused by the severe force of the accident were both numerous and profound. As a result of the accident, Andriotis was charged with one count of vehicular homicide, under section 782.071, Florida Statutes (2016), and three counts of reckless driving causing serious bodily injury, under section 316.192, Florida Statutes. Andriotis challenged the charges against him, both pretrial via a Florida Rule of Criminal Procedur...

...3 Florida law defines vehicular homicide as “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” See § 782.071(1), Fla....

...See also Foreman v. State, 727 So.2d 1135 (Fla. 4th DCA *444 1999) (double jeopardy bars separate convictions for vehicular homicide, leaving the scene, and leaving the scene of an accident with injuries). Although this appeal does involve different statutes, section 782.071(2), Florida Statutes (1991) (vehicular homicide, failure to stop), and former section 316.027(1), Florida Statutes (1991), as distinguished from section 316.027(l)(a) and (b), Florida Statutes (1995) (accident resulting in injury or d...

...ly harm to another person.” Fla.Std.Jury Instr. (Crim.) (vehicular homicide). The trial court added to this instruction the alternative element “or while having a blood alcohol level of 0.10 or above,” which is not an element of the crime. See § 782.071, Fla.Stat....

...by appellant Jay Grubb when he struck and killed a pedestrian. The petition for forfeiture of the vehicle pursuant to sections 932.701 through 932.704, Florida Statutes (1985) alleged that the vehicle was used or intended to be used in violation of section 782.071, Florida Statutes, Vehicular Homicide....

...State, 135 So. 3d 478, 480 (Fla. 2d DCA 2014). Vehicular homicide is “the killing of a human being . . . caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

committed ve*1004hicular homicide pursuant to section 782.-071, Florida Statutes, and that the search and

...1, 1984. Appellant, after filing his motion for discharge and prior to the hearing thereon, prospectively waived speedy trial. After the motion was denied, the state amended its information to charge appellant with vehicular homicide in violation of section 782.071, Florida Statutes (1983)....

...e it should document that finding. Any party aggrieved by the subsequent action of the trial court must file a *1222 notice of appeal within thirty days to obtain further appellate review. REVERSED. DANAHY, A.C.J., and FRANK and HALL, JJ., concur. . § 782.071(2), Fla.Stat....

offense of vehicular homicide in violation of Section 782.071, Florida Statutes (1987). Concluding that no

...In other words, Appellant drove the wrong way for one-half mile for his convenience should he need to pass another car. This statement was excluded by motion in limine before the hearing on the motion to dismiss, but the court then agreed, for purposes of the motion to dismiss, to consider the statement. Section 782.071, Florida Statutes (2014), outlines “vehicular homicide” as “the killing of a human being … caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” In Cahours v....

...and two of her daughters, while seriously injuring a third. After a jury trial, Smith was acquitted of three counts of driving-under-the-influence manslaughter, but was found guilty of three counts of vehicular homicide in violation of Fla. Stat. § 782.071....

...determine whether the conviction falls within the scope of a CIMT. Fajardo, 659 F.3d at 1305. 6  USCA11 Case: 19-12622 Date Filed: 12/18/2020 Page: 7 of 12 Fla. Stat. § 782.071....

...ile vehicular homicide is a lesser included offense of manslaughter, “reckless driving” is a lesser included offense of vehicular homicide. Id. at 1027. Thus, “[i]t is not unreasonable for the 2 Although the present version of Fla. Stat. § 782.071 differs from the 2001 version of the statute that was in effect when Smith was convicted, the relevant language of both versions is the same. See Florida Unborn Victims of Violence Act, ch. 14-194, 2014 Fla. Laws 1. 7  USCA11 Case: 19-12622 Date Filed: 12/18/2020 Page: 8 of 12 legislature to create a lesser included offense to cover the hiatus between section 782.071 manslaughter and the traffic offense of reckless driving created by section 316.029, Florida Statutes (1975).” Id....

...2d at 1067. Finally, and even more basic, we are bound by the Florida Supreme Court and the text of the statute, which require a defendant to have driven a motor vehicle in a reckless manner likely to cause death or great bodily harm. Fla. Stat. § 782.071; McCreary, 371 So....

...ering others.” Id. at 1287. When a person deviates from the standard of care by operating a motor vehicle so recklessly that it is likely to cause death or great bodily harm, and, in fact, results in the killing of a human being, see Fla. Stat. § 782.071, we have little difficulty finding that “he has exhibited the ‘baseness’ in the duties owed to society that constitutes moral turpitude.” Keungne, 561 F.3d at 1287. A conviction in Florida of vehicular homicide is categori...

...testify about it in the form of an opinion or otherwise, if: 3 Vehicular homicide is defined as “the killing of a human being . . . caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla....

...appearance excusing his appearance pursuant to Florida Rule of Criminal Procedure 3.180(a)(3). We agree and grant the petition.1 I Sands was arrested and charged with one count of vehicular homicide, in violation of section 782.071(1)(a), Florida Statutes (2023), one count of driving under the influence (“DUI”) manslaughter, in violation of section 316.193(3)(c)(3)(a), Florida Statutes (2023), and one count of no valid driver’s license with death, in violation of section 322.34(6), Florida Statutes (2023)....

...We conclude that they are not prohibited and quash the decision of the Fifth District. Maisonet-Maldonado contests his dual convictions for fleeing or eluding a law enforcement officer causing serious injury or death under section 316.1935(3)(b), Florida Statutes (2010), and vehicular manslaughter under section 782.071(1)(a), Florida Statutes (2010)....

...this paragraph to a mandatory minimum sentence of 3 years imprisonment. Nothing in this paragraph shall prevent a court from imposing a greater sentence of incarceration as authorized by law. § 316.1935(3)(b), Fla. Stat. (2010). Section 782.071(1)(a) establishes vehicular homicide as a second-degree felony: - 13 -  “Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to...

...motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. (1) Vehicular homicide is: (a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.071(1)(a), Fla....

...§ 316.1935(3)(b), Fla. Stat. (2010). Vehicular homicide requires the State to prove that a defendant (1) killed a human being (2) by operation of a motor vehicle in reckless manner likely to cause the death of, or great bodily harm to, another. § 782.071(1)(a), Fla....

...entions on appeal relating to the admissibility and sufficiency of evidence. AFFIRMED in part; REVERSED in part; and REMANDED. *1294 GOSHORN, J., concurs. COBB, J., concurs specially with opinion. . Section 316.1931(2)(c), Florida Statutes (1985). . Section 782.071(1), Florida Statutes....

guilty of vehicular homicide, in violation of Section 782.-071, Fla.Stat. (1977); see McCreary v. State,

...The jury found defendant guilty of vehicular homicide, and defendant appeals. All of the elements of a Category 1 lesser included offense must be elements of the greater offense. See White v. State, 412 So.2d 28 (Fla. 2d DCA 1982). Vehicular homicide, a violation of section 782.071, Florida Statutes (1981), requires proof that defendant’s reckless behavior caused the death for which he is charged....