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Santeris T. McKinney v. State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SANTERIS T. McKINNEY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D09-6322 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 24, 2011. An appeal from the Circuit Court for Duval County. Michael R. Weatherby, Judge. Nancy A. Daniels, Public Defender and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee. WETHERELL, J. Appellant contends that his convictions and sentences for third-degree murder and fleeing or attempting to elude a law enforcement officer causing death (hereafter ?fleeing or eluding?) violate the constitutional protection against double jeopardy because, even though the offenses contain different elements, he is being punished twice for the death of a single victim...continue to full post

Full post as published by Florida Criminal Law Opinions on January 24, 2011 (boomark / email).