Velazco v. StateAnnotate this Case
The Supreme Court quashed the decision of the Third District Court of Appeal affirming Defendant's convictions of driving under the influence (DUI) causing damage to property or person and DUI causing serious bodily injury, holding that Defendant's dual convictions violated double jeopardy.
On appeal, Defendant argued that his dual convictions arising from a single episode violated double jeopardy. The Third District affirmed, holding that principles of double jeopardy did not prohibit dual convictions and sentences for DUI property damages/bodily injury and DUI serious bodily injury arising from the commission of a single act. The Supreme Court reversed, holding (1) the criminal offenses of DUI causing damage to property or person and DUI causing bodily injury are degree variants of the same offense under Fla. Stat. 775.021(4)(b)2; and (2) Defendant's dual convictions for both offenses as to the same victim arising from a single episode violated the prohibition against double jeopardy.