DAVID J. PARRISH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID J. PARRISH, APPELLANT,
STATE OF FLORIDA, APPELLEE
561 So. 2d 685
Florida District Court of Appeal, Fourth District (1990)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The state concedes, and we agree, that it was error for the trial court to enter judgments of conviction for both driving under the influence (Count I) and driving with an unlawful blood alcohol level (Count II). See State v. Rolle, 560 So. 2d 1154 (Fla.1990). We find no other reversible error by the trial court. Accordingly, we reverse the conviction for Count II and remand with directions that such conviction be vacated, and affirm in all other respects.
ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Dejerez v. State, 580 So. 2d 656 (Fla. 4th DCA 1991)…h DCA 1991). We agree with appellant that driving under the influence and driving with an unlawful blood alcohol constitute alternative bases of the same statutory offense, and appellant can only be adjudicated for one offense. See Parrish v. State, 561 So. 2d 685 (Fla. 4th DCA 1990). We find no error in the trial court’s evi-dentiary rulings and our reversal renders moot the issues raised concerning sentencing. ANSTEAD, WARNER and FARMER, JJ., concur.…
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Allen v. State, 853 So. 2d 533 (Fla. 5th DCA 2003)…ven if authorities received notice by other means, without a judicial order, it would be questionable whether minimum service was required); see also State v. Johnson, 627 So. 2d 98 [*535] (Fla. 4th DCA 1993) (en banc) (receding from State v. Moran, 561 So. 2d 685 (Fla. 4th DCA 1990)); State v. McKenzie, 574 So. 2d 1176 (Fla. 5th DCA 1991) (en banc) (receding from State v. Hall, 538 So. 2d 468 (Fla. 5th DCA 1989)). In arguing that the modification had no effect on the sentence, the state relies on Johnson an…
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Cameron v. State, 804 So. 2d 338 (Fla. 4th DCA 2001)…but one offense under section 316.193(1), and that the state may prove that single offense by a showing of either DUI or UBAL. We ourselves have recognized this distinction. See Dejerez v. State, 580 So. 2d 656 (Fla. 4th DCA 1991); Parrish v. State, 561 So. 2d 685 (Fla. 4th DCA 1990). As section 327.35(1) is identical in structure and text to section 316.193(1), Rolle applies to it as well.…
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- State v. Carlton Rolle, 560 So. 2d 1154 (Fla. 1990)