Smith v. State
Smith v. State
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
Affirmed.
Concurring Opinion
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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.