Jacobs v. State

The issue in this case is whether one who starts his “fleeing and attempting to elude” in one county and crosses a county line before he is apprehended, may be prosecuted in both counties under different sections of the same statute. Our supreme court in State v. Anderson, 695 So.2d 309 (Fla.1997), has indicated the answer is no if the subsections are degree variants of the same basic offense. The statute involved in this case, section 316.1935, prohibits fleeing or attempting to elude an officer either [subsection (1) ] when the driver fails to stop after being ordered to do so by an officer…