Ms. Marsh pleaded guilty to two counts each of driving under the influence (DUI) causing serious bodily injury and driving with license suspended (DWLS) causing serious bodily injury after she rear-ended another vehicle. The trial court sentenced her to five-year prison sentences on each count. Ms. Marsh appealed to the Second District Court of Appeal, claiming that convictions for both DUI with serious bodily injury and DWLS with serious bodily injury as to the same victim violate the constitutional protection against double jeopardy. The Second DCA agreed. The State of Florida asked this Court for review, arguing the Second DCA’s decision conflicts with another appellate court decision.

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