Williams v. State, 97-03787.
| Citation | 732 So.2d 431 |
| Decision Date | 30 April 1999 |
| Docket Number | No. 97-03787.,97-03787. |
| Parties | Dwayne WILLIAMS, a/k/a Dwayne Crawford, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.
Dwayne A. Williams appeals his judgments and sentences arising out of an automobile accident on July 25, 1996. He was convicted of vehicular homicide, leaving the scene of an accident involving a death, leaving the scene of an accident involving an injury, resisting arrest, and driving without a valid driver's license. We affirm these convictions except the conviction for leaving the scene of an accident with injuries. Our reversal of this one conviction affects the scoresheet in this case. Because Mr. Williams received the maximum sentence allowable by his scoresheet, we reverse his sentences and remand for resentencing.
The accident occurred near the intersection of Martin Luther King Street and Disston Street in Tarpon Springs. Mr. Williams was driving recklessly in a residential neighborhood for a considerable period prior to the accident. He was accompanied by a male passenger. A witness warned Mr. Williams to slow down because she was afraid that he would hit a child, and he responded with obscenities. A truck driver who was traveling eastbound on Martin Luther King Street testified that Mr. Williams pulled out in front of her from a side street. The truck driver was required to brake hard to avoid Mr. Williams' car. Mr. Williams then accelerated and drove east in an erratic fashion on Martin Luther King Street. Before it reached Disston Street, Mr. Williams' car crossed the yellow line into the westbound lane of oncoming traffic. The victims' car was traveling in the westbound lane. Apparently, Mr. Williams was trying to beat the victims' car to the intersection to make a left turn onto Disston Street, although he did not have a left turn signal on. The two cars collided near the intersection. Both cars sustained considerable damage. After the impact, Mr. Williams and his passenger fled the scene on foot.
The victims' car contained three occupants, a driver and two small children. All three sustained what appeared at the scene to be minor injuries. The driver sustained injuries to a knee, which required treatment at a hospital and follow-up care. A two-year-old boy was shaken up in the accident and cried extensively, but he checked out fine at the hospital. A five-year-old girl who was wearing a seat-belt complained that her stomach hurt immediately after the accident. Although she was taken to the hospital and released, she developed complications from internal injuries and died the following day.
The charges of vehicular homicide and leaving the scene of an accident resulting in death related to the little girl's death. The charge of leaving the scene of an accident resulting in injury related to the other driver's knee injury. We note that the passenger...
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...InWilliams v. State, 732 So.2d 431 (Fla. 2d DCA 1999), the court stated in dictum that Leaving the Scene of a Crash Involving Injury is a necessarily lesser-included offense of Leaving the Scene of a Crash Involving Death. In other areas, however, where there is noissuedispute that a person......
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Austin v. Sec'y
...fled the scene on foot after causing a crash with another car containing three occupants, a driver and two small children. 732 So. 2d 431 (Fla. 2d DCA 1999). All three sustained what appeared at the scene to be minor injuries. The five-year old girl, who was wearing a seatbelt, complained t......
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In re Standard Jury Instructions in Criminal Cases—Report 2017-05
...InWilliams v. State, 732 So.2d 431 (Fla. 2d DCA 1999), the court stated in dictum that Leaving the Scene of a Crash Involving Injury is a necessarily lesser-included offense of Leaving the Scene of a Crash Involving Death. In other areas, however, where there is no issue that a person was k......
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In re Standard Jury Instructions in Criminal Cases—Report No. 2015–07, SC15–1867.
...NO.Leaving the Scene of a Crash Involving Injury 316.027(2)(a)28.4 Attempt777.04(1)5.1192 So.3d 1204 Comments* In Williams v. State, 732 So.2d 431 (Fla. 2d DCA 1999), the court stated in dictum that Leaving the Scene of a Crash Involving Injury is a necessarily lesser-included offense of Le......