final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Bay County. Michael C.
Thomas, Public Defender, Danielle Jorden, Assistant Public
Defender, Tallahassee, for Appellant.
Moody, Attorney General, Sharon S. Traxler, Assistant
Attorney General, Tallahassee, for Appellee.
challenges his judgment and sentence for leaving the scene of
a crash involving death, DUI manslaughter, and driving while
license canceled, suspended, or revoked, causing serious
bodily injury or death. We affirm because the evidence was
sufficient to sustain the conviction, and the trial
court's relevant evidentiary rulings were correct.
charges arose from a crash on April 7, 2016, that resulted in
the death of a motorcycle driver. The parties stipulated that
Appellant had a suspended driver's license at the time of
the offense. Eyewitnesses testified that Appellant had been
driving a white Hyundai sedan that morning. One witness
testified that Appellant had appeared intoxicated at 3:54
a.m. when Appellant drove away in an undamaged white sedan.
Other witnesses stated that between 4 and 5 a.m., they saw
Appellant sitting behind the driver's seat of a white
sedan with his eyes closed. They testified there was damage
to the front of the vehicle and windshield, with the
windshield containing a "butt print," blood, and
hair. They also testified Appellant stated he had not hit
anybody and that "someone threw a scooter at me."
highway patrol officer testified that he responded to the
scene of an accident involving the death of a motorcycle
driver on Hathaway Bridge. The officer stated the damage to
the rear and side of the motorcycle was consistent with a
rear-end collision, and blood pools on the bridge indicated
the motorcycle's driver had been hit and then moved by
subsequent collisions. He testified that dispatch notified
him of a suspect vehicle at a nearby gas station, where he
observed Appellant next to a white Hyundai sedan, which had a
damaged front end and windshield. He noted that both the
blood and the "significant nature" of the deformed
windshield showed the vehicle made contact with a human body,
and there was an injury. In addition, he observed blue and
green paint consistent with the victim's license plate,
which had transferred onto the white vehicle.
forensic pathologist testified that the cause of death was
multiple blunt injuries, each of which could have caused
great bodily harm. She stated, however, that it was
impossible to determine which of the multiple impacts caused
which specific injury.
the State rested, Appellant moved for judgment of acquittal
on all counts. Regarding the charge of leaving the scene of a
crash involving death, Appellant argued the State failed to
establish he knew or should have known he was involved in a
crash with a person. He also argued the State failed to
establish that he knew or should have known his crash with
the victim resulted in the victim's death. He asserted
that a driver must know of the specific impact that resulted
in injury, when the crash involves multiple impacts.
the DUI manslaughter charge, Appellant argued the State
failed to establish that he was impaired at the time he was
in actual physical control of the vehicle or that he caused
or contributed to the victim's death. Lastly, regarding
the charge of driving while license canceled, suspended, or
revoked causing serious bodily injury or death, Appellant
argued the State failed to provide evidence that Appellant
drove carelessly or negligently. The trial court denied
Appellant's motion on all counts.
Before trial, Appellant filed a motion in limine, stating:
The State [intends] to show the video from the backseat of
[a] Trooper['s] vehicle. The video contains reference to
matters which have been suppressed, crimes not charged, and
further matters which ...