STATE OF FLORIDA, PETITIONER,
v.
FRANCIS BROWN, RESPONDENT

Fla. | 1980-07-24
No. 57234
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON and ALDERMAN, JJ., concur.
386 So. 2d 549 Florida Supreme Court (1980) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Sambrine v. State, 386 So. 2d 546 (Fla.1980).

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON and ALDERMAN, JJ., concur.


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    …DCA 1976); Phillips v. State, 289 So. 2d 769 (Fla. 2d DCA 1974). And the rule has been utilized in the express situation now before us. Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1980); Brown v. State, 371 So. 2d 161 (Fla. 2d DCA 1979), affirmed, 386 So. 2d 549 (Fla.1980).5 We therefore answer the second certified question in the negative: an offender may not be punished for both DWI manslaughter and vehicular homicide. THIRD QUESTION AND CONCLUSION The third certified question is controlled by our rece…
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    …2d 605 (Fla. 2d DCA 1984); Platt v. State, 449 So. 2d 891 (Fla. 2d DCA 1984); Johnson v. State, 419 So. 2d 1144 (Fla. 2d [*523] DCA 1982); Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1980); Brown v. State, 371 So. 2d 161 (Fla. 2d DCA 1979), aff’d, 386 So. 2d 549 (Fla. 1980); Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976); Phillips v. State, 289 So. 2d 769 (Fla. 2d DCA 1974); Vela v. State, 450 So. 2d 305 (Fla. 5th DCA 1984); Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981); Muszynski v. State, 392 So.…
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    …ions for the charges arising from this unfortunate and deadly incident were reversed by this court because a blood sample was taken over his objection and introduced at trial. Brown v. State, 371 So. 2d 161 (Fla. 2d DCA 1979), aff’d, State v. Brown, 386 So. 2d 549 (Fla.1980). After remand and retrial, Brown was found guilty of vehicular homicide. He appeals that judgment of guilt and sentence of five years’ imprisonment. Of the four points raised in this appeal, only the third merits discussion. It concer…

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