Legal Opinion

State v. Perez

District Court of Appeal of Florida

Decided September 25, 1998No. 98-79PublishedCited by 2 opinions

1Opinion of the Court

W. SHARP, Judge.

The state appeals from the trial court’s order granting Perez’ motions for arrest of judgment and judgment of acquittal, after a jury convicted him of one count of vehicular homicide1 and acquitted him of a second count which had charged him with reckless driving.2 The trial court ruled that the two verdicts were “true inconsistent verdicts,” and that by finding Perez not guilty of reckless driving, a necessary element of vehicular homicide, the vehicular homicide conviction had not been proven. We disagree and reverse.

The evidence at trial was sufficient to sustain the jury’s…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. Mahaun v. StateSupreme Court of Florida · 1979
  2. Redondo v. StateSupreme Court of Florida · 1981
  3. Gonzalez v. StateDistrict Court of Appeal of Florida · 1983
  4. State v. PowellSupreme Court of Florida · 1996
  5. Damon v. StateDistrict Court of Appeal of Florida · 1981

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3Cited by2 opinions

  1. State v. YnocenscioDistrict Court of Appeal of Florida · 2000
  2. Hausen v. StateDistrict Court of Appeal of Florida · 1999

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