WAYNE WILBURN REEDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant was improperly convicted of two homicide offenses (manslaughter by culpable negligence — section 782.07, Florida Statutes and vehicular homicide — section 782.071, Florida Statutes) based on one death. See Houser v. State, 474 So. 2d 1193 (Fla.1985); Hoag v. State, 511 So. 2d 401 (Fla. 5th DCA), rev. denied, 518 So. 2d 1278 (Fla.1987). The conviction of vehicular homicide, the lesser of the two offenses, is vacated. See State v. Barton, 523 So. 2d 152 (Fla.1988).
Upon motion in the trial court, the defendant is entitled to be resentenced based on a scoresheet with no points scored for the now-vacated vehicular homicide conviction. All other issues presented to us in this appeal are without merit.
The conviction of manslaughter by culpable negligence is affirmed; the conviction for vehicular homicide is vacated.
AFFIRMED IN PART; VACATED IN PART.
SHARP, C.J., DAUKSCH and COWART, JJ., concur.
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State v. Townsend, 635 So. 2d 949 (Fla. 1994)…er as to the truthfulness or credibility of a witness’s statements in general. Tingle v. State, 536 So. 2d 202 (Fla.1988); Weatherford v. State, 561 So. 2d 629 (Fla. 1st DCA 1990); Fuller v. State, 540 So. 2d 182 (Fla. 5th DCA 1989); Davis v. State, 527 So. 2d 962 (Fla. 5th DCA 1988); Ward v. State, 519 So. 2d 1082 (Fla. 1st DCA 1988); Kruse v. State, 483 So. 2d 1383 (Fla. 4th DCA 1986), review dismissed, 507 So. 2d 588 (Fla.1987). The psychologist should not have been allowed to testify regarding the credibi…
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Rondy Jones v. State, 678 So. 2d 890 (Fla. 4th DCA 1996)…In exploring the types of wrongful motives which influence witnesses, Florida courts have recognized that a criminal defendant’s dealings with or relationship to a third party could bias a witness’ testimony against him. For example, Davis v. State, 527 So. 2d 962, 963 (Fla. 5th DCA 1988), involved a defendant prosecuted for molesting his daughter. The trial court restricted cross examination of the daughter about a burglary complaint filed against the daughter’s boyfriend. The fifth district reversed, holdin…
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Fuller v. State, 540 So. 2d 182 (Fla. 5th DCA 1989)…xpert witness may not directly vouch for the truthfulness of a witness. Tingle v. State, 536 So. 2d 202 (Fla.1988) (error to permit counselor and social worker to testify they believed the alleged child victim was telling the truth); Davis v. State, 527 So. 2d 962 (Fla. 5th DCA 1988) (reversible error to allow psychologist to testify that alleged child victim was “being frank”); Norris v. State, 525 So. 2d 998 (Fla. 5th DCA 1988) (reversing sexual battery conviction on ineffective assistance of counsel ground…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Barton, 523 So. 2d 152 (Fla. 1988)
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)
- Hoag v. State, 511 So. 2d 401 (Fla. 5th DCA 1987)