WILLIAM TERRY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
William Terry Brown was convicted by a jury of DWI manslaughter, section 316.-1931, Florida Statutes (Supp.1982), and vehicular homicide, section 782.071, Florida Statutes (1981). The trial court adjudged defendant guilty of both crimes, but only sentenced him for the conviction of DWI manslaughter. We affirm in part, reverse in part, and remand the case to the trial court.
Because the defendant’s act of driving caused a single death, it was improper to convict him of both DWI manslaughter and vehicular homicide. Platt v. State, 449 So. 2d 891 (Fla. 2d DCA 1984); Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1980). Accordingly, we reverse the judgment of guilt of vehicular homicide. The case is remanded to the trial court with instructions to set aside the judgment of guilt on vehicular homicide.
The conviction and sentence for DWI manslaughter is affirmed, the conviction of vehicular homicide is reversed, and the case is remanded with instructions.
OTT, C.J., and DANAHY and LEHAN, JJ., concur.
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Kurtz v. State, 564 So. 2d 519 (Fla. 2d DCA 1990)…impaired condition than the "influence” required for DUI manslaughter. Ingram v. Pettit, 340 So. 2d 922 (Fla.1976). Thus, civil law seems to recognize that alcohol impairment is not always, as a matter of law, culpable negligence. . Brown v. State, 452 So. 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…
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Higdon v. State, 465 So. 2d 1309 (Fla. 5th DCA 1985)…1st DCA 1984); Grala v. State, 414 So. 2d 621 (Fla. 3d DCA 1982). But see Bean v. State, 9 FLW 2082 (Fla. 5th DCA Sept. 28, 1984) where this court declined to follow Ohio v. Johnson when interpreting the Florida Constitution; accord Brown v. State, 452 So. 2d 605 (Fla. 2d DCA 1984); Vela v. State, 450 So. 2d 305 (Fla. 5th DCA 1984); Platt v. State, 449 So. 2d 891 (Fla. 2d DCA 1984); Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1980) (cases holding that it was error to convict defendants of both DWI manslaug…
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Gordon v. State, 457 So. 2d 1095 (Fla. 5th DCA 1984)…d several more accidents before his vehicle finally came to rest, one-half mile away from where Hex-ham was struck. The rule in Florida has always been that when there is but one death, there can be only one conviction for homicide. Brown v. State, 452 So. 2d 605 (Fla. 2d DCA 1984) (DWI 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 manslaug…
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- Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1980)
- Antonelli Constr. Co., Inc. v. Sanfilippo, 449 So. 2d 891 (Fla. 3d DCA 1984)