State v. Gordon

OVERTON, Justice.

This is a petition to review Gordon v. State, 457 So.2d 1095 (Fla. 5th DCA 1984), in which Gordon was convicted and sentenced for second-degree murder, DWI manslaughter, and leaving the scene of an accident with injuries. The district court of appeal affirmed the sentence for second-degree murder, but vacated the DWI manslaughter conviction, certifying the follow*1064ing three questions to be of great public importance:

I.IS DWI MANSLAUGHTER A POSSIBLY LESSER INCLUDED OFFENSE OF SECOND DEGREE MURDER?

II.DOES THE DOUBLE JEOPARDY CLAUSE OF FLORIDA’S OR THE UNITED STATES’ CONSTITUTIONS…