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Rodriguez v. State2/25/2004
In August 2000, Manuel Rodriguez, with a blood alcohol level over four times the legal limit and without a valid driver's license, stole a car and, while fleeing the scene, almost immediately ran head-on into a motorcycle, causing the death of the motorcycle driver and serious bodily injury to the motorcycle's passenger. The State filed a multicount information against him, and a jury found him guilty of all counts as charged. He was adjudicated and sentenced on all but two of the counts. On appeal, his counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising a possible arguable issue about an allegedly impermissible comment on his right to remain silent. Besides agreeing with Mr. Rodriguez's appellate counsel's Anders conclusion, the State's response noted a minor sentencing error. Mr. Rodriguez took advantage of his right to file a pro se brief in which he raised two issues. He claimed the court should not have allowed the results of his breath alcohol test into evidence and that his sentencing violates the state and federal constitutional right against twice being put in jeopardy. After independently reviewing the entire record and applicable law, we ordered both counsel to file supplemental briefs on the double jeopardy issue that Mr. Rodriguez raised. Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). Having received these supplemental briefs, we conclude that there is no merit in the issue counsel raised on the allegedly improper comment on Mr. Rodriguez's right to remain silent or the issue Mr. Rodriguez raised on admitting the breath alcohol test results. We do, however, find a double jeopardy violation and reverse.
For the death of the motorcycle driver and serious bodily injury to the motorcycle passenger, the State filed an information against Mr. Rodriguez containing nine counts: (1) vehicular homicide, (2) third-degree murder, (3) DUI manslaughter, (4) leaving the scene of an accident resulting in death, (5) leaving the scene of an accident resulting in serious bodily injury, (6) DUI with serious bodily injury, (7) driving while license suspended with death resulting, (*644 8) driving while license suspended with serious bodily injury resulting, and (9) grand theft auto. The jury found him guilty of all counts as charged. At the sentencing hearing, the State removed two convictions from the scoresheet because of double jeopardy concerns: count one-the vehicular homicide conviction-because there was only one death, and count eight-a driving while license suspended conviction-because there was only one accident. After the scoresheet was computed using the seven remaining counts, the court imposed the statutory maximum sentence for each count, all sentences to run concurrently. Despite the prosecutor's double jeopardy concerns and concession on the sentencing for counts one and eight, written sentences on all nine counts were filed imposing the statutory maximum sentence for each. [FN1]
FN1. Sentencing for nine counts when the State conceded that only seven required imposition of punishment is the minor sentencing error raised in the State's brief.
The primary issue presented is whether the protections provided by the Double Jeopardy Clauses of the United States and Florida Constitutions afford Mr. Rodriguez relief from his convictions, sentences, or both. Three basic protections emanate from the Double Jeopardy Clause. It protects against a second prosecution for the same offense following an acquittal, against a second prosecution for the same offense after a conviction, and against multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969); State v. Wilson, 680 So.
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