D.E. аppeals the trial court’s order of commitment that adjudicated him guilty of vehicular homicide and placed him in a level six moderate risk residential program. He asserts on appeаl that the trial court erred in denying his motion for judgment of dismissal on the theory that the State failed to prove that he was driving in a reckless manner. Because the evidence presented was sufficient to prove vehicular homicide, we conclude that the trial court properly denied the motion for judgment of dismissal, and affirm.
In a petition for delinquency filed by the State, D.E. was charged with vehicular homicide. After an adjudicatory hearing, the trial court found Appellant guilty as charged, and placed him on restrictiveness level 6, not to exceed his nineteenth birthday. The evidence presented at the disposition hearing reflected that about 16 minutes prior to sunrise on December 17, 2002, D.E. and his seventeen-year-old brother were on their way to Lake Brant-ley High School. D.E. had obtained his Honda Prelude about one week prior to the accident. At the time, D.E. was sixteen years old and had only a learner’s permit. No one besides his brother was in the Honda with him.
At the adjudicatory hearing the State called a number of witnesses, including an expert in accident reconstruction and speed calculations. He stated that D.E. was traveling north on a five-lane road (including a сenter turn lane) in a residential area near his school, and was straddling the two north bound lanes. He estimated that immediately prior to losing control of his vehicle, D.E. drove his vehicle around a shаrp curve in the road traveling at about 100 mph. He opined that D.E. jerked the vehicle to the left causing it to slide and cross over into the lanes of oncoming traffic, where it collided with the victim’s vehicle. At the time D.E. lost control of his automobile he was going at least 89 miles per hour in a 45 mile per hour speed zone. The vehicles collided with such force that both D.E. and his brother were ejected from the car. The parties stipulated at the hearing that the victim’s death was a result of the injuries she sustained in the accident.
At the conclusion of the State’s case, D.E. moved for a judgmеnt of dismissal. He argued that the State failed to show
The trial court denied the motion, finding that the State had presented sufficient evidence respecting each element of the offense. D.E. elected not to put on any evidenсe in his own behalf. His renewed motion for judgment of dismissal at the close of the evidence was also denied.
Under Rule 8.110(k), Florida Rules of Juvenile Procedure, a motion for judgment of acquittal in .the adult criminal context is properly styled a motion for judgment of dismissal. See W.E.P. v. State,
In reviewing on appeal the denial оf a motion for judgment of acquittal we apply a de novo standard. See Huck v. State,
“Vehicular homicide is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor- vehicle by another in a reckless mannеr likely to cause the death of, or great bodily harm to, another.” See § 782.071, Fla. Stat. (2003). By definition, the crime cannot be proved without also proving the elements of reckless driving. See State v. Del Rio,
The degree of culpability required to underpin reckless driving is less than that required for culpable negligence (the standard for manslaughtеr), but more than a mere failure to use ordinary care. See Michel.v. State,
Here, the evidence showed that the collision occurred before the sun had risen, near a school in a residential neighborhood familiar to D.E. at a time when traffic was likely to be congested. D.E. was operating his vehicle without adult supervision in violation of the state licensing law.
This case bears some similarity to Hamilton v. State,
It seems to us that it was reasonably foreseeable that D.E.’s actions would cause a traffic fatality, taking into account all of the factors presented, including his excessive speed. See Michel,
Where there is room fоr a difference of opinion between reasonable men as to the proof of facts from which an ultimate fact is sought to be established, or where there is room for such differences as the inferences which might be drawn from conceded facts, the court should submit the case to the jury for their finding, as it is their conclusion, in such case, that should prevail and not primarily the views of the judgе. The credibility and probative force of the conflicting testimony should not be determined on a motion for judgment of acquittal.
Lynch v. State,
AFFIRMED.
Notes
. See § 322.1615, Fla. Stat. (2002).
