Henninger v. State, 667 So. 2d 488 (Fla. Dist. Ct. App. 1996)

Cases | Henninger v. State, 667 So. 2d 488 (Fla. Dist. Ct. App. 1996) | 2018

After being acquitted of DUI manslaughter, the defendant was convicted for DUI and ordered to pay restitution of $12,819 to the family of the deceased driver. On appeal, he challenged his conviction and the order of restitution. The court of appeals held that the order of restitution “is precluded by the specific causation requirement” in Fla. Stat. § 775.089 because the order “relates solely to damages arising out of an injury and death of which [the defendant] was acquitted.” The conviction was affirmed, the order of restitution was reversed, and the case was remanded for resentencing.