WALDECKER v. STATE (1998)

District Court of Appeal of Florida,Second District.

Kenneth Michael WALDECKER, Appellant, v. STATE of Florida, Appellee.

No. 96-03505.

Decided: January 09, 1998

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

We affirm Kenneth Waldecker's two convictions for driving under the influence with serious bodily injury. We vacate, however, one of Waldecker's convictions for leaving the scene of an accident with injuries. Waldecker failed to stop at only one accident resulting in injury or death, even though more than one person was injured. This was but one offense; conviction on two counts violates the constitutional prohibition against double jeopardy. See Hoag v. State, 511 So.2d 401 (Fla. 5th DCA 1987). Accordingly, the trial court is to vacate one conviction and to resentence Waldecker with a corrected scoresheet.

Convictions on Counts I, III and IV affirmed; conviction as to Count II vacated; remanded for resentencing.

FRANK, Judge.

DANAHY, A.C.J., and PATTERSON, J., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network