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McKINNEY v. STATE

No. 1D09-6322.

51 So.3d 645 (2011)

Santeris T. McKINNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 24, 2011.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender and A. Victoria Wiggins , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General and Joshua R. Heller , Assistant Attorney General, Tallahassee, for Appellee.

WETHERELL, J.

Appellant contends that his convictions and sentences for third-degree murder and fleeing or attempting to elude a law enforcement officer causing death (hereafter "fleeing or eluding") violate the constitutional protection against double jeopardy because, even though the offenses contain different elements, he is being punished twice for the death of a single victim. We affirm because we conclude that fleeing or eluding is not a homicide offense and...

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