Legal Opinion · Concurrence

McCullough v. State

District Court of Appeal of Florida

Decided November 8, 2017No. Case 2D16-31Published

1ConcurrenceSleet, Judge

I concur with Judge Badalamenti’s conclusion that McCullough’s convictions for first-degree fleeing or eluding a law enforcement officer causing serious bodily injury or death and second-degree vehicular homicide violate double jeopardy and that we must reverse her conviction and sentence for vehicular homicide and affirm her remaining convictions. However, unlike Judge Badalamenti, I conclude that McCullough’s convictions and sentences for both of these' offenses in this case not only violate the single homicide rule but also violate the Blockburger test as codified in section 775.021(4),…

2Cases cited13 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Valdes v. StateSupreme Court of Florida · 2009
  3. Pizzo v. StateSupreme Court of Florida · 2006
  4. Houser v. StateSupreme Court of Florida · 1985
  5. State v. ChapmanSupreme Court of Florida · 1993

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