Case No. 6D2025-1884Lower Tribunal No. 2022-CF-002112
JORGE LUIS AUDINOT LUGO,
Appellant,v.
STATE OF FLORIDA,
Appellee.
Appeal from the Circuit Court for Osceola County.
Tanya Davis Wilson, Judge.
August 14, 2026
PER CURIAM.
AFFIRMED. See Griffin v. State, 639 So. 2d 966, 968 (Fla. 1994)(“[E]vidence of uncharged crimes which are inseparable from the crime charged, orevidence which is inextricably intertwined with the crime charged, isnot Williams rule evidence. It is admissible under section 90.402 because ‘it is arelevant and inseparable part of the act which is in issue . . .. [I]t is necessary toadmit the evidence to adequately describe the deed.’” (quoting Charles W. Ehrhardt,Florida Evidence § 404.17 (1993 ed.))); Ruiz v. State, 286 So. 3d 338, 340 (Fla. 5th
Original opinion page 2
2DCA 2019) (“Evidence that a defendant was racing at the time of an accident is asufficient basis to find that the defendant was operating his vehicle in a recklessmanner.”); Pozo v. State, 963 So. 2d 831, 833–34 (Fla. 4th DCA 2007) (explainingthat “grossly excessive speed alone” can support a finding of reckless conduct andfinding trial court did not err by rejecting a special jury instruction stating that speedalone is insufficient to prove vehicular homicide); Luzardo v. State, 147 So. 3d 1083,1089 (Fla. 3d DCA 2014) (“We decline to rest our decision on the ‘excessive speedalone . . .’ jingle. If Luzardo had been traveling at a speed of 120 miles per hour atthe time of the accident, our decision might be different. ‘Judgment by jingle’ is aperilous exercise, but if there must be a jingle in this area of the law, we wouldprefer, ‘Speed alone is not enough, except when it is.’”).NARDELLA, KAMOUTSAS and PRATT, JJ., concur.Michelle Yard, of Law Office of Michelle Yard, PLLC, Orlando, for Appellant.James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan,Bureau Chief, Daytona Beach, for Appellee.NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARINGAND DISPOSITION THEREOF IF TIMELY FILED
Opinion text and original PDF from Florida Sixth District Court of Appeal · Source opinion