FRANK A. SHEPHERD, APPELLANT,

v.

KAREN M. SHEPHERD, APPELLEE

Citator

Cited By

• Jackson v. State, 634 So. 2d 1103 (Fla. 4th DCA 1994)
  …s. 316.193.... (Emphasis added) Appellant argues that the fourth conviction provision, read in light of the second and third conviction provisions, means that the convictions must have arisen out of separate driving episodes. In Collins v. State, 578 So. 2d 30 (Fla. 4th DCA 1991), this court affirmed a permanent revocation of a driver’s license based on four convictions for driving under the influence arising out of one incident. In Collins, this court did not discuss the wording of the statute, but simpl…
• State v. Woodruff, 654 So. 2d 585 (Fla. 3d DCA 1995)
  …, they do not constitute separate offenses as defined in section 775.021(4)(b), Florida Statutes (1993), and the Blockburger3 test is not met; both offenses are identical. Section 316.193 defines only one type of DUI offense,4 see Collins v. State, 578 So. 2d 30 (Fla. 4th DCA 1991), punished with increasing severity in successive violations. Jackson v. State, 634 So. 2d 1103, 1106 (Fla. 4th DCA 1994) (en banc) (statutory scheme requires increased punishment “based on the number of times the defendant drives…
• DiMATTEO v. State, 695 So. 2d 853 (Fla. 4th DCA 1997)
  …t he claims are legally inconsistent, relying on this court’s decision in Sgroi v. State, 634 So. 2d 280 (Fla. 4th DCA 1994).1 We do not reach the merits of this claim because the issue was not properly preserved for appeal. See Collins v. State, 578 So. 2d 30 (Fla. 4th DCA 1991); Thornton v. State, 679 So. 2d 1207 (Fla. 5th DCA 1996) (claims of improper sentencing on legally inconsistent verdicts must first be brought to the attention of the trial court in order to be properly preserved for appeal). Acco…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)