ROGER LEE BRINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant cannot be sentenced for both DWI manslaughter and vehicular homicide for a single death.
Appellant was convicted of DWI manslaughter, vehicular homicide, and leaving the scene of an accident, all arising from a single death. Appellant appe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dwi Manslaughter cases and more on FLexlaw
DOWNEY, Judge.
Appellant was charged and convicted in Count I of DWI manslaughter in violation of section 316.1931(2), Florida Statutes; in Count II with vehicular homicide in violation of section 782.071, Florida Statutes; and in Count III with leaving the scene of an accident in violation of section 316.-027(1)(2), Florida Statutes. All of the charges arose out of the death of one person on November 5, 1983.
Three points are raised on appeal, only one of which warrants comment. In his third point, appellant contends that the trial court erred in entering judgment and sentence on both Counts I and II, i.e., the DWI manslaughter and vehicular homicide, since both involved the death of a single person.
We now have the benefit of the Florida Supreme Court’s decision in Houser v. State, 474 So. 2d 1193 (Fla.1985), wherein the court held that a defendant may not be sentenced for both DWI manslaughter and vehicular homicide for effecting a single death.
Accordingly, to the extent that the judgment and sentence conflict with the supreme court decision in Houser, we remand the cause for appropriate action. In all other respects, the judgment and sentence are affirmed.
HURLEY, J„ and RIVKIND, LEONARD, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)