Florida District Courts of Appeal, 2009

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided August 5, 2009 · Gross, Damoorgian, Gerber
15 So. 3d 899; 2009 Fla. App. LEXIS 10829; 34 Fla. L. Weekly Fed. D 1564 (Southern Reporter, Third Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Affirmed.

DAMOORGIAN and GERBER, JJ., concur.

Concurring Opinion

GROSS, C.J.,

specially concurring.

Appellant was convicted of violating section 782.071(l)(b), Florida Statutes (2008), a vehicular homicide aggravated by leaving the scene of the accident, so that the crime was a first degree felony. This was a close case on the issue of appellant’s recklessness, a necessary element of the crime. On that issue, we are bound by McCreary v. State, 371 So.2d 1024 (Fla. 1979), a case involving slightly less egregious facts than those in this case. I also note that appellant might well have been charged under section 316.027(l)(b), Florida Statutes *900(2008), also a first degree felony, which does not require proof of recklessness.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.