6D2023-2423
In a multi-count DUI/property damage prosecution, the Sixth DCA reversed a simple DUI conviction as a double jeopardy violation because it was subsumed by the DUI-with-property-damage conviction arising from the same episode, and reversed a separate property-damage count because the State impermissibly amended the Information after the close of all evidence in a way that prejudiced the defendant's ability to cross-examine witnesses. The court also struck an unauthorized $33 'Certain Traffic Offense Court Cost' assessment and ordered the written probation order conformed to the oral pronouncement regarding DUI School timing.
Key facts
- Defendant was prosecuted on multiple counts including simple DUI, DUI with property damage, and property damage charges arising from a single criminal incident.
- The trial court convicted defendant on all counts; the State filed a Third Amended Information after the close of all evidence that added new victim and vehicle descriptions to the property damage count.
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