# McCullough v. State

> District Court of Appeal of Florida · November 8, 2017 · 230 So. 3d 586

URL: https://www.frixlaw.com/law-library/cases/9879136

## Case

- **Full name:** Tippy MCCULLOUGH, Appellant, v. STATE of Florida Appellee
- **Court:** District Court of Appeal of Florida
- **Decided:** November 8, 2017
- **Citations:** 230 So. 3d 586
- **Precedential status:** Published
- **Opinion:** Concurrence by Silberman
- **Judges:** Badalamenti, Silberman, Sleet
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9879136

## How later opinions describe it (automated extraction)

- holding that the single homicide rule bars dual convictions for vehicular homicide and fleeing or eluding when the offenses involve the same victim

## Opinion text

SILBERMAN, Judge, Concurring,
I fully agree with' Judge Badalamenti’s thorough analysis and resolution of each of the double jeopardy pairings. I write to note two points. First, as to footnote six of the majority opinion, I do not read Valdes v. State, 3 So.3d 1067 (Fla. 2009), as casting doubt on the continued viability of the single homicide rule. Second, although McCullough’s appellate argument for-reversal focused primarily on the single homicide rule, the State argued for affir-mance based on. Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932). In light of our conclusion that McCullough is entitled to relief under the single homicide rule, we need not address the State’s Blockburger argument. However, if we were to reach that issue I would agree with Judge Sleet that as to the pairing of vehicular homicide and fleeing or eluding causing serious bodily injury or death, a Blockburger analysis would not support affirmance.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9879136. Public record. Not legal advice.