David J. Prestano v. State
210 So. 3d 772
| Fla. Dist. Ct. App. | 2017Background
- David J. Prestano pleaded no contest to: one count of leaving the scene of an accident resulting in death, one count of DUI manslaughter (second-degree), and one count of driving while license suspended.
- Prestano filed a Florida Rule of Criminal Procedure 3.850 motion raising eight grounds for postconviction relief.
- Ground one claimed double jeopardy: that the same death unlawfully enhanced both the DUI manslaughter and the leaving-the-scene charge (relying on Cooper and Chapman).
- Ground two alleged counsel misadvised him that his defense to the leaving-the-scene charge was not viable, causing him to plead rather than proceed to trial on that count (he wanted to assert lack of mental capacity).
- The trial court summarily denied relief on all grounds; the Fifth District affirmed all but ground two and remanded for further proceedings on that claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy from convictions for DUI manslaughter and leaving the scene of a death | Prestano: single death cannot be used to "enhance" two crimes; convictions violate Cooper/Chapman | State: leaving-the-scene is a non-homicide traffic offense; Cooper/Chapman inapplicable unless failure-to-render-aid enhanced DUI degree | No double jeopardy; convictions may stand because DUI was unmodified second-degree and leaving-the-scene is non-homicide |
| Ineffective assistance — counsel allegedly told Prestano his defense to leaving the scene was not viable, inducing plea | Prestano: would have tried Count I (leaving-the-scene) and likely prevailed using lack-of-mental-capacity defense | State: trial court relied on plea colloquy waiver of defenses to deny claim | Remanded: plea colloquy does not conclusively refute claim; trial court must attach record conclusively disproving claim or hold an evidentiary hearing |
| Other postconviction claims (remaining grounds) | Prestano raised additional claims (8 total) | State opposed relief | Summary denial affirmed as to all other grounds; no merit found |
Key Cases Cited
- State v. Cooper, 634 So. 2d 1074 (Fla. 1994) (addressing when a single death may or may not be used to increase degrees of separate offenses)
- State v. Chapman, 625 So. 2d 838 (Fla. 1993) (similar double jeopardy discussion regarding use of a single death)
- Ivey v. State, 47 So. 3d 908 (Fla. 3d DCA 2010) (holds no double jeopardy between DUI manslaughter and leaving the scene of a fatal accident in typical circumstances)
- Kelly v. State, 987 So. 2d 1237 (Fla. 2d DCA 2008) (supports non-violation of double jeopardy for DUI manslaughter plus non-homicide traffic offense)
- Hayes v. State, 120 So. 3d 640 (Fla. 2d DCA 2013) (a general waiver at plea does not conclusively preclude claims that counsel misadvised regarding legal sufficiency of a defense)
- Martin v. State, 323 So. 2d 666 (Fla. 3d DCA 1975) (recognizes lack of mental capacity as a potential defense to leaving-the-scene under then-applicable law)