Kenneth T. Linton v. State
2017 Fla. App. LEXIS 3197
| Fla. Dist. Ct. App. | 2017Background
- Appellant Kenneth Linton carjacked Phillip Sagan, pointed a gun, and drove away with passenger David Jones (17) in the car.
- Police pursued with lights/sirens; Appellant drove recklessly at speeds >100 mph, ran red lights, crashed, and Jones died from the accident.
- Appellant was indicted on: (Count I) first-degree murder with a weapon; (Count II) fleeing/eluding causing serious injury or death; (Count III) vehicular homicide; and (Count IV) driving without a valid license causing serious bodily injury or death.
- Jury convicted on all counts; trial court later dismissed Count III (vehicular homicide) on double jeopardy grounds but denied relief as to Count IV.
- Appellant argued Counts II and IV cannot be enhanced by the same single death that supports the murder conviction; the court agreed and ordered modified convictions and resentencing for Counts II and IV.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether enhanced convictions for fleeing/eluding causing death and driving without a license causing death violate double jeopardy when the same death produced a murder conviction | Linton: A single death cannot enhance multiple offenses; punishing the same homicide twice violates double jeopardy | State: Fleeing/eluding and driving without a license are distinct offenses that can exist independent of a death; enhancement by death does not amount to multiple punishments for the same homicide | Court: Reversed as to Counts II and IV — the murder conviction cannot be used to enhance those counts; enter unenhanced convictions and resentence |
| Whether McKinney v. State permits enhancing a non-homicide offense by the same death that supports a homicide conviction | State (implicitly): McKinney allows conviction and sentence for both felony murder and fleeing/eluding causing death | Linton: Cooper controls; single homicide cannot enhance multiple crimes | Court: Declined McKinney’s approach, followed Florida Supreme Court precedent in Cooper; certified conflict between McKinney and Cooper |
Key Cases Cited
- Houser v. State, 474 So.2d 1193 (Fla. 1985) (legislature did not intend to punish a single homicide under two different statutes)
- State v. Cooper, 634 So.2d 1074 (Fla. 1994) (cannot enhance two separate offenses by the same single homicide; only one penalty for causing one death)
- McKinney v. State, 51 So.3d 645 (Fla. 1st DCA 2011) (contrasting view: allowed sentencing for felony murder and fleeing/eluding causing death)
- Crusaw v. State, 195 So.3d 422 (Fla. 1st DCA 2016) (followed Cooper to bar conviction for a suspended-license offense enhanced by the same death as a vehicular homicide)
- Thomas v. State, 837 So.2d 443 (Fla. 4th DCA 2002) (double jeopardy bars convicting and sentencing for two homicide offenses arising from one death)