Legal Opinion

State v. Miller

District Court of Appeal of Florida

Decided November 5, 1997No. 96-1829Published

1Opinion of the Court

MICKLE, Judge.

The state appeals an order 1) granting Appellee Scott L. Miller’s motion to dismiss a five-count information on double-jeopardy grounds and 2) certifying the following as a question of great public importance:

WHETHER MULTIPLE CONVICTIONS FOR DUI WITH INJURIES OR PROPERTY [DAMAGE CAN] BE OBTAINED AGAINST A DEFENDANT, WHERE THERE ARE SEVERAL PERSONS INJURED AND DIFFERENT PROPERTY DAMAGED, CAUSED BY [A] DEFENDANT DRIVING UNDER THE INFLUENCE, AS THE RESULT OF ONE DRIVING EPISODE?

Finding that the recent decision in Melbourne v. State, 679 So.2d 759 (Fla.1996) (double-jeopardy…

2Cases cited3 opinions

  1. Melbourne v. StateSupreme Court of Florida · 1996
  2. Boutwell v. StateSupreme Court of Florida · 1994
  3. Hertzschuch v. StateDistrict Court of Appeal of Florida · 1997

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