TOMMIE J. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant cannot be convicted and sentenced for both manslaughter and vehicular homicide for a single death arising from the same incident.
Appellant was charged with DUI manslaughter and culpable negligence manslaughter for two deaths. He was convicted of DUI manslaughter and vehicular ho…
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HOBSON, Acting Chief Judge.
The State charged appellant in a four-count information with two counts of manslaughter while driving under the influence of alcohol, in violation of section 860.01(2), Florida Statutes (1977); and two counts of manslaughter with culpable negligence, in violation of section 782.07, Florida Statutes (1975). A jury found him guilty of the two counts of manslaughter while driving under the influence of alcohol and found him guilty of two counts of vehicular homicide, in violation of section 782.071, Florida Statutes (1975), a lesser included offense of manslaughter with culpable negligence. See State v. Young, 371 So. 2d 1029 (Fla.1979). The trial court sentenced him to fifteen year prison terms on the manslaughter convictions and five year prison terms on the vehicular homicide convictions, all sentences to run concurrently.
Appellant argues that, with respect to each death, he could not be convicted of both manslaughter and vehicular homicide and sentenced for both convictions.
With respect to each death, the separate counts in the information charged only a single homicide by different acts. Accordingly, only one sentence is proper for each death. See Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976).
Thus, we reverse the two sentences for vehicular homicide. However, we affirm all four convictions and the two sentences for manslaughter. AFFIRMED in part, REVERSED in part, and REMANDED.
GRIMES and CAMPBELL, JJ., concur.
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Kurtz v. State, 564 So. 2d 519 (Fla. 2d DCA 1990)…lea agreement to be sentenced on the DUI manslaughter charge. .U.S. Const, amend. V. . On at least one occasion prior to the sentencing guidelines, this court reversed multiple sentences while permitting the convictions to stand. Johnson v. State, 419 So. 2d 1144 (Fla. 2d DCA 1982). However, subsequent to Johnson and the implementation of sentencing guidelines, this court has reversed both the conviction and the sentence. See Deatrich v. State, 534 So. 2d 903 (Fla. 2d DCA 1988). . For the purposes of senten…1 / 2
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Gordon v. State, 457 So. 2d 1095 (Fla. 5th DCA 1984)…manslaughter and vehicular manslaughter); Vela v. State, 450 So. 2d 305 (Fla. 5th DCA 1984) (DWI manslaughter and vehicular homicide); Platt v. State, 449 So. 2d 891 (Fla. 2d DCA 1984) (DWI manslaughter and vehicular manslaughter); Johnson v. State, 419 So. 2d 1144 (Fla. 2d DCA 1982) (DWI manslaughter and vehicular manslaughter); Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981) (premeditated murder and felony murder); Muszynski v. State, 392 So. 2d 63 (Fla. 5th DCA 1981) (second degree murder and first degree…
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Barnes v. State, 528 So. 2d 69 (Fla. 4th DCA 1988)…80 So. 2d 1299 (Fla. 4th DCA 1980), also held that, when appellant’s actions resulted in only one death, he could be convicted of only one crime of manslaughter. See also Jones v. State, 502 So. 2d 1375 (Fla. 4th DCA 1987). But see Johnson v. State, 419 So. 2d 1144 (Fla. 2d DCA 1982) (convictions upheld but only one sentence imposed for each death); Reynolds v. State, 460 So. 2d 447 (Fla. 1st DCA 1984) (the defendant could be convicted and sentenced for both manslaughter by intoxication and manslaughter, even…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Young, 371 So. 2d 1029 (Fla. 1979)
- Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976)