Triplett v. State
| Decision Date | 30 January 1998 |
| Docket Number | No. 96-3467,96-3467 |
| Citation | 709 So.2d 107 |
| Parties | 23 Fla. L. Weekly D358 Robert TRIPLETT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.
Appellant, Robert Triplett ["Triplett"], seeks review of an order of restitution. We reverse.
Triplett pled nolo contendere to the charge of leaving the scene of an accident involving personal injuries. After his truck struck the rear of a vehicle stopped at a traffic light, he made a U-turn and sped away. The occupants of the vehicle suffered injuries in the collision, as did the occupant of the vehicle struck by the car struck by Triplett's vehicle. In sentencing Triplett for leaving the scene, the court imposed restitution for personal injury and property damages sustained in the collision. 1
In 1993, the legislature amended section 775.089(1)(a), Florida Statutes, to require restitution for: The state argues that, by applying subsection 2, the damages were "related" to Triplett's "criminal episode" within the meaning of subsection 2. 2 The precise question presented in this case is whether a person whose only criminal offense is the offense of leaving the scene of an accident involving personal injury may be assessed restitution for damage caused by the preceding collision. It is clear that if the same driver had committed the same traffic infraction committed by Triplett and had caused an accident resulting in personal injury or property damage, but had not left the scene, he could not be assessed restitution. Moreover, in Longshore v. State, 655 So.2d 1139 (Fla. 5th DCA 1995), a case also decided under the 1993 version of the statute, we held that a motorcyclist who fled the scene of an accident he caused was not liable to pay restitution to the person injured in the accident. "The fact that the accident that preceded the commission of the offense was Longshore's fault is not a legal basis to order restitution." Id. at 1139. The criminal episode in this case did not commence until Triplett elected an affirmative course of action in violation of the criminal laws of this state (leaving the scene) after he became aware that personal injury had occurred in the collision. State v. Dumas, 700 So.2d 1223 (Fla.1997). If there were any evidence in this record that the victim's injuries or damages were exacerbated by the lack of immediate assistance due to Triplett's criminal violation of leaving the scene, there might be an argument for restitution to that extent. But there is no such evidence.
The concurring opinion of Judge Harris suggests that the 1993 amendment must be construed to have superseded State v. Williams, 520 So.2d 276 (Fla.1988). More likely, however, the true purpose of the amendment was to deal with the line of cases that limited restitution to the exact crime to which a criminal defendant actually pled, even though several crimes (or greater crimes) were committed as part of the criminal episode. See Hebert v. State, 600 So.2d 1293, 1294 (Fla. 1st DCA 1992), approved, 614 So.2d 493 (Fla.1993); L.A.R. v. State, 563 So.2d 836 (Fla. 5th DCA 1990). The companion amendment adding subsection (b)2 to the same statute supports this interpretation.
The correct test for restitution is whether "but for" the criminal episode, the damages would have been incurred by the victim. Glaubius v. State, 688 So.2d 913, 915 (Fla.1997). 3 Here, because the damages were already incurred before Triplett undertook to commit a criminal offense, no restitution is due.
REVERSED and REMANDED.
HARRIS, J., concurs specially with opinion.
Based on the recent Florida Supreme Court case of Glaubius v. State, 688 So.2d 913 (Fla.1997) and our prior precedent of Longshore v. State, 655 So.2d 1139 (Fla. 5th DCA 1995), I concur that the award of restitution must be reversed. I also concur with the misgivings expressed by Judge Griffin in respect to the majority opinion in Cheek v. State, 700 So.2d 731 (Fla. 5th DCA 1997).
There is a difference, a material difference I believe, between the words "caused ... by the defendant's offense" and "related to the defendant's criminal episode." I do not believe that section 775.089(1)(a)2 was added to further limit the victim's right to restitution; Section 775.089, Florida Statutes, was amended in 1993. Prior to the amendment, the only basis for awarding restitution was that the damages were "caused" directly or indirectly by the defendant's offense. The amendment, however, permits restitution if the damages are merely "related to" the defendant's criminal episode.
I believe it was added to extend the right of restitution to those victims whose injuries, although not caused by the defendant's offense at conviction, are nevertheless caused by the defendant's conduct leading up to the offense at conviction.
Robert Triplett pled to the charge of leaving the scene of an accident involving personal injuries. He ran his truck into the rear of a vehicle stopped at a traffic light. He then made a U-turn and sped away, leaving behind victims suffering substantial injuries. In sentencing Triplett for leaving the scene, the court imposed restitution for damages caused by Triplett's act of running into the victim's car. Triplett contends that the supreme court has prohibited such restitution in State v. Williams, 520 So.2d 276 (Fla.1988), because the injuries were not caused by his fleeing. This was the holding of Williams. Is it still the law after the statute was amended?
At a time when the restitution statute required restitution for damages or loss caused directly or indirectly by the defendant's offense, the supreme court held:
The damages arising out of the accident would have occurred with or without Williams committing the offense of leaving the scene of an accident. Those damages transpired independent of that crime.
It appears, therefore, that the supreme court in Williams, based on the then existing statute, required that before restitution may be awarded, it must be causally connected to the offense for which the defendant is convicted, and even a causal connection with a related uncharged offense would not suffice.
The State argues that the 1993 amendment was made in response to Williams so that the trial court may now impose restitution for damages resulting from the defendant's actions which cause the accident even if the defendant is permitted to plead to leaving the scene. Although I find logic in this argument, I acknowledge it seems contrary to Glaubius v. State, 688 So.2d 913 (Fla.1997). But Glaubius relied entirely on Williams without discussing the effect, if any, of the 1993 amendment.
The victim's testimony reflects the following:
A. I was on the southbound exit ramp of I 95 and I was stopped at the stop light of Eau Gallie Boulevard.
Q. Okay. Could you tell the Court, was there any traffic either in front of you or behind you when you were stopped at the light?
A. There was a car in front of me and I saw headlights coming after me in the rearview mirror and he was going very fast. I knew he was going to hit us.
Q. Okay. And could you tell the Court what happened while you were stopped at that red light?
A. I was stopped and the next thing I knew we were hit so hard that we were pushed into the car in front of us.
Based on this testimony, were the damages resulting from the accident "related to" a criminal episode which culminated in Triplett's leaving the scene of an accident involving injuries? In other words, even though the injuries were not caused by Triplett's fleeing, does the fact that there was an accident which was caused by Triplett (which resulted in injuries) and which caused Triplett to flee, "relate" the damages to the criminal "episode"? I believe so. I would argue that one event can be related to another In Glaubius, the supreme court stated the purpose of restitution as (1) to compensate the victim and (2) to serve the rehabilitative, deterrent, and retributive goals of the criminal justice system. This purpose would be best served by permitting restitution in this case.
regardless of which occurs first. The defendant was recklessly speeding and because of that, he hit the victim; because he hit the victim (and because he did not want to be discovered--at least at that time or in that condition), he fled the scene leaving behind the injured victims. Triplett would not have fled but for the accident which caused injury.
The victims were injured by Triplett and should be compensated. Triplett's reckless speeding 2 which caused the accident should be discouraged. The reason that restitution can not normally be affixed to a mere speeding charge that causes an accident involving injuries is not that it is not justified; it is because there is no means (authority) to attach restitution to a "civil" offense. By pleading to a crime, however, Triplett has supplied the means. The purpose of the amendment, I believe, was to broaden victims' rights to restitution by including situations such as the one in this case. If that was the purpose, perhaps the legislature will have to try again.
To continue the requirement that there be a causal connection between the damages suffered and the offense for which the defendant is convicted (since the offense for which one is convicted would appear to always be a part of the "criminal episode"), would...
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Sims v. State
...the scene with knowledge (actual or constructive) of having been involved in an accident resulting in death. See Triplett v. State, 709 So.2d 107, 108 (Fla. 5th DCA 1998) (holding that the similar offense of leaving the scene of an accident involving personal injury did not begin until the ......
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Sims v. State, No. 5D02-2401
...there is a nexus between the death of the Victim and the crime. Cf., Schuette v. State, 822 So.2d 1275 (Fla.2002); Triplett v. State, 709 So.2d 107 (Fla. 5th DCA 1998). Mr Sims also relies on two cases, Motyka v. State, 457 So.2d 1114 (Fla. 1st DCA 1984), and Benedict v. State, 475 So.2d 10......
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Schuette v. State
...actually pled, even though several crimes (or greater crimes) were committed as part of the criminal episode." Triplett v. State, 709 So.2d 107, 108 (Fla. 5th DCA 1998). However, because neither the State nor Schuette relies upon the effect of the 1993 amendment in arguing their respective ......
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Socorro v. State, 5D04-1399.
..."but for" the criminal episode, damages would not have been incurred by the victim, restitution is proper. See, e.g., Triplett v. State, 709 So.2d 107 (Fla. 5th DCA 1998). Absent a causal link and significant relationship between the loss for which restitution is ordered and the defendant's......