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STATE v. GAULDEN

No. 1D11-4288.

134 So.3d 981 (2012)

STATE of Florida, Appellant, v. Jacob Thomas GAULDEN, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 24, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jay Kubica , Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels , Public Defender, and Steven L. Seliger , Assistant Public Defender, Tallahassee, for Appellee.

RAY, J.

The State appeals from an order dismissing a charge that Jacob Thomas Gaulden, Appellee, left the scene of a crash involving death, contrary to section 316.027(1)(b), Florida Statutes (2010). In granting Appellee's motion to dismiss, the trial court concluded that a driver does not violate section 316.027(1)(b) by failing to stop when a passenger suffers death as a result of being separated from the driver's moving vehicle. The State argues that this conclusion...

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