Supreme Court of Florida

In a challenge to the sentence imposed for a leaving the scene of an accident resulting in death, an order approving the sentence is quashed and the case remanded where: 1) the Court can grant a motion to reinstate despite untimely filing when appellate counsel fails to notify the incarcerated defendant-client in a timely manner that the district court has issued a decision on direct appeal; and 2) victim injury points should not have been added for sentencing purposes because the victim's injuries did not primarily result from the offense of leaving the scene of the accident.

Appellate Information

• Decided 09/26/2008
• Published 09/26/2008

Judges

• LEWIS, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Christopher M. Jones and Kristen Cooley Lentz, Gainesville, Florida, for Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, Florida, and Wesley Harold Heidt and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, Florida, for Respondent.