Smith v. State (15 So. 3d 899, 2009)

Florida District Court of Appeal 2009-08-05

Citations

Full opinion text

PER CURIAM.

Affirmed.

DAMOORGIAN and GERBER, JJ., concur.

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 (2008), also a first degree felony, which does not require proof of recklessness.