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Esler v. State10/7/2005
e uncontradicted or overwhelming, the State must at least show the existence of each element of the crime. Burks v. State, 613 So. 2d 441 (Fla. 1993).
Esler was charged with DUI with serious bodily injury in violation of section 316.193(1), (3), Florida Statutes (2003). Under the statute, as applied to the facts of the present case, the offense is committed (1) if the person is driving or in actual physical control of a vehicle, (2) is under the influence of alcohol to the extent that the person's normal faculties are impaired, and (3) who, by reason of such operation, causes or contributes to causing (4) serious bodily injury to another. "A, if not the, critical element of the corpus delicti of the offense of driving while intoxicated is evidence that the defendant was driving at the time she [or he] allegedly committed the offense." State v. Hepburn, 460 So. 2d 422, 426 (Fla. 5th DCA 1984).
There can be no conviction for DUI with serious bodily injury without proof that the defendant was driving a vehicle and was impaired at the time of the crash. There must be proof independent of a confession that the defendant was driving the vehicle involved in the crash in order to make that determination. See State v. Colorado, 890 So. 2d 468, 471-72 (Fla. 2d DCA 2004) (distinguishing Allen and Burks because there was no evidence other than the confession establishing Colorado as the driver of the vehicle in which one person was killed). The State failed to present the necessary independent proof that Esler was the driver of the vehicle involved in the Hillsborough County crash. Therefore, Esler's conviction for DUI with serious injury must be reversed.
As for the corpus delicti of leaving the scene of a crash with injuries, the State must prove by evidence independent of the defendant's statements that a victim was struck by an automobile which fled the scene. See Hepburn, 460 So. 2d at 426. Clearly the State met its burden to prove the corpus delicti with regard to this offense because Mr. Latent testified he was hit by a car which fled the scene. Esler's confession was properly admitted into evidence as to this offense. Thus, we affirm Esler's conviction for leaving the scene of a crash with injuries.
Accordingly, the judgments and sentences for leaving the scene of a crash with injuries and for driving while license cancelled, suspended, or revoked are affirmed. The judgment and sentence for DUI with serious bodily injury are reversed, and this matter is remanded for the trial court to discharge Esler for this offense only.
Affirmed in part, reversed in part, and remanded.
SILBERMAN and WALLACE, JJ., Concur.
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