Ivey v. State
2010 Fla. App. LEXIS 16541
| Fla. Dist. Ct. App. | 2010Background
- Ivey struck a vehicle on the interstate, fled the scene, and the other vehicle hit a wall, killing the driver.
- FHP investigation determined Ivey was intoxicated and arrested him.
- Ivey was charged with vehicular homicide, DUI manslaughter, and leaving the scene of a fatal accident.
- Jury convicted him on all three counts; trial court adjudicated all three but sentenced only for DUI manslaughter to 22 years with 5 years probation.
- Issue on appeal: whether double jeopardy bars multiple convictions for a single death; State argues no bar due to separate offenses.
- Court addresses applicability of Blockburger and the Valdes decision to impose or avoid dual homicide convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy for dual homicide convictions | Ivey argues a single death cannot support two homicide convictions. | State contends exception (b)2 allows separate punishments for distinct offenses arising from one episode. | Convictions for vehicular homicide and DUI manslaughter cannot stand. |
| Leaving the scene and DUI manslaughter punishment | Single death should not yield separate penalties for leaving the scene and DUI manslaughter. | Leaving the scene may be punished separately, but not when it results in a greater double penalty. | Leaving the scene conviction creates a double penalty when paired with DUI manslaughter; vacate. |
| Valdes effect on Houser lineage | Valdes does not overrule long-standing rule that a single death cannot support dual homicide convictions. | Valdes could limit applying dual homicide rules only when offenses share statute text. | Valdes did not overrule Houser; single death cannot support dual homicide convictions. |
Key Cases Cited
- Houser v. State, 474 So.2d 1193 (Fla. 1985) (single death cannot support dual DUI manslaughter and vehicular homicide)
- Rodriguez v. State, 875 So.2d 642 (Fla. 2d DCA 2004) (dual homicide convictions from a single death barred)
- Galiana v. State, 868 So.2d 1218 (Fla. 3d DCA 2004) (reiterates dual homicide rule in third district)
- Valdes v. State, 3 So.3d 1067 (Fla. 2009) (addressed application of Blockburger; did not overrule Houser)
- Chapman v. State, 625 So.2d 838 (Fla. 1993) (statutory amendment not overruling Houser)
- Cleveland v. State, 587 So.2d 1145 (Fla. 1991) (double penalty when leaving scene elevates offense)
- Carawan v. State, 515 So.2d 161 (Fla. 1987) (Blockburger test interpretation in Florida)
- Hayes v. State, 803 So.2d 695 (Fla. 2001) (articulates Blockburger under Florida interpretation)
- Bolding v. State, 28 So.3d 956 (Fla. 1st DCA 2010) (dual punishments and double jeopardy analysis)