History
  • No items yet
midpage
High v. State
516 So. 2d 275
Fla. Dist. Ct. App.
1987
Check Treatment
CAMPBELL, Judge.

Appellant challenges the sufficiency of the evidence presented to convict him of manslaughter. The charges resulted from an automobile accident in which three people died.

Appellant contends that proof of excessive speed alone is not sufficient to prove the culpable negligence necessary to sustain a manslaughter conviction. Appellant relies chiefly on Johnson v. State, 92 So.2d 651 (Fla.1957) and Filmon v. State, 336 So.2d 586 (Fla.1976), cert. denied, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977), reh. denied, 431 U.S. 960, 97 S.Ct. 2689, 53 L.Ed.2d 279 (1977). The holding in Johnson, however, is actually the “flip-side” of appellant’s argument that speed alone is insufficient. The Johnson court stated: “It cannot be stated as an absolute rule that speed alone cannot amount to manslaughter. Too much depends on the attendant circumstances.” 92 So.2d at 653. Likewise, in Filmon, 336 So.2d at 590, the court talks of the “totality of the circumstances surrounding the incident....”

We conclude in this case that there were sufficient other circumstances and conduct by appellant, other than speed, to support the conviction for manslaughter. This case is clearly distinguishable from Brown v. State, 511 So.2d 1116 (Fla. 2d DCA 1987) where this court found “the complete record in this case presents us with absolutely no evidence of any of these factors except the 30 m.p.h. speed limit.”

Affirmed.

DANAHY, C.J., and HALL, J., concur.

Case Details

Case Name: High v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 23, 1987
Citation: 516 So. 2d 275
Docket Number: No. 86-411
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.