Stracar v. State
126 So. 3d 379
| Fla. Dist. Ct. App. | 2013Background
- Appellant Angela Stracar was convicted on two counts of vehicular homicide after a jury trial.
- The State argued the evidence showed recklessness sufficient for vehicular homicide; Stracar challenged on motions for judgment of acquittal.
- Evidence at trial: Stracar’s vehicle left the roadway, traveled on a sidewalk and grassy area, crossed a divided roadway, hit a sign, launched over a median, and crushed the occupants of the other car.
- Stracar allegedly traveled about 500 feet at roughly 40 mph; she had no braking or avoidance actions, and weather/pavement were favorable.
- Post-crash, blood tests showed BAC < .02%, THC present at undetermined time, oxycodone at therapeutic level, Xanax at therapeutic levels; no evidence of unsafe driving was presented.
- Trial court acknowledged the behavior appeared reckless, but the convictions were challenged as legally insufficient; the appeals court reversed and remanded for acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence showed recklessness for vehicular homicide | Stracar: evidence lacked recklessness. | State: driving conduct demonstrated recklessness. | Evidence insufficient; reversed and acquittal entered. |
| Standard of review for judgment of acquittal | Stracar: de novo review supports acquittal. | State: standard affirming trial findings is appropriate. | De novo review applied; otherwise insufficient evidence. |
| Effect of CNS depressants on recklessness proof | Stracar: presence of depressants alone not enough for recklessness. | State: depressants could contribute to impairment. | Depressants alone do not prove recklessness. |
Key Cases Cited
- State v. Esposito, 642 So.2d 25 (Fla. 4th DCA 1994) (mere negligence without impairment not vehicular homicide)
- Berube v. State, 6 So.3d 624 (Fla. 5th DCA 2008) (no evidence of intoxication or speeding negates recklessness)
- Santisteban v. State, 72 So.3d 187 (Fla. 4th DCA 2011) (reckless driving requires willful or wanton disregard)
- McCreary v. State, 371 So.2d 1024 (Fla. 1979) (recklessness greater than ordinary negligence; need willful/knowingly indifferent conduct)
- W.E.B. v. State, 553 So.2d 323 (Fla. 1st DCA 1989) (evidence of impairment without demonstration of driving impairment insufficient)
- Del Rio v. State, 854 So.2d 692 (Fla. 2d DCA 2003) (supports necessity of intentional, knowing, purposeful driving indifference)