Supreme Court of Florida
State of Florida v. Jose Maisonet-Maldonado
December 10, 2020308 So. 3d 63
Summary
The Court held that section 775.021, Florida Statutes, superseded Florida's single-homicide rule and requires separate punishment for offenses that satisfy the statutory same-elements test, even when they arise from one death. Applying that test, the Court concluded that fleeing or eluding causing serious injury or death and vehicular manslaughter contain different elements and are not within any statutory exception to separate punishment. The Court receded from its contrary precedent, quashed the Fifth District's decision, and remanded for further proceedings.