McKinney v. State
51 So. 3d 645
| Fla. Dist. Ct. App. | 2011Background
- Appellant was convicted of third-degree murder and fleeing or eluding causing death, with carjacking and vehicular homicide also charged.
- Fleeing or eluding served as the underlying felony for the third-degree murder conviction.
- Evidence showed Appellant stole a woman's van at a gas station, fled in pursuit, and caused an accident killing the other driver.
- Trial court vacated the vehicular homicide conviction on double jeopardy grounds but imposed sentences on the remaining counts.
- Issue presented: whether double jeopardy bars conviction/sentencing for both felony murder and the underlying felony when a single death occurs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does double jeopardy bar felony murder and underlying felony when a single death occurs? | Rodriguez/McKay conflict; underlying felonies can be same death cases. | Fleeing or eluding is not a homicide offense; counts are distinct. | No; fleeing or eluding is not a homicide offense, so dual convictions permitted. |
| Are third-degree murder and fleeing or eluding subject to Blockburger and § 775.021(4)(a)-(b) exceptions? | Exceptions might apply to limit multiple punishments. | No exception applies; elements differ and underlying felony is distinct. | Three exceptions do not apply; elements differ and punished separately. |
| Do Houser, Rodriguez, and McKay control this case? | Those cases prohibit dual homicide punishment for a single death. | Those rulings involve homicide offenses as underlying conduct; here underlying felony is not a homicide. | Distinguished; underlying felony in this case is non-homicide, so no bar. |
Key Cases Cited
- Gordon v. State, 780 So.2d 17 (Fla. 2001) (double jeopardy protects against multiple punishments for same offense; later analysis accepts multiple convictions when elements differ)
- Lukehart v. State, 776 So.2d 906 (Fla. 2000) (felony murder may coexist with underlying felony)
- Boler v. State, 678 So.2d 319 (Fla. 1996) (dual homicide punishments not allowed when same death)
- State v. Enmund, 476 So.2d 165 (Fla. 1985) (principles of culpability relevant to homicide statutes)
- Houser v. State, 474 So.2d 1193 (Fla. 1985) (DWI manslaughter treated as homicide; single homicide cannot yield dual punishment)
- Rodriguez v. State, 875 So.2d 642 (Fla. 2d DCA 2004) (dual homicide convictions violated double jeopardy when more than one punishment for single death)
- McKay v. State, 925 So.2d 1133 (Fla. 2d DCA 2006) (dual homicide convictions for single death violated double jeopardy)
- Valdes v. State, 3 So.3d 1067 (Fla. 2009) (Blockburger framework; three exceptions to single-episode punishments)
- State v. Florida, 894 So.2d 941 (Fla. 2005) (Category 1 lesser included offenses limitations)
- Rodriguez v. State, 875 So.2d 642 (Fla. 2004) (distinguishes homicide underlying felonies from non-homicide felonies)