BRENT KEITH DEVINEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Lesser Included Offense cases and more on FLexlaw
PER CURIAM.
The sole issue on appeal is whether the charge of misdemeanor driving under the influence (§ 316.193(1), Florida Statutes), in one count of an amended information, is a lesser included offense of driving under the influence with an accident (§ 316.193(3)(a), Florida Statutes) in a separate count arising out of the same arrest. We conclude that it is and that appellant has been sentenced twice for the same offense. Cf. Satterfield v. State, 553 So. 2d 793 (Fla. 1st DCA 1989). We do not address any question of whether the result in this case might have been different had the state not amended the initial charge in count I and had the state and court not agreed that the issue was preserved for appeal. Therefore, the judgment and sentence are reversed as to count I. Upon remand, an amended judgment and sentence shall be entered as to count II.
DOWNEY, STONE and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Knowles, 625 So. 2d 88 (Fla. 5th DCA 1993)…; and it is not a misdemeanor. In contrast, section 316.193(1) provides for imprisonment and arrest as well as for a specific fine, for driving under the influence of alcoholic beverages, and it is a first degree [*91] misdemeanor. Deviney v. State, 579 So. 2d 373 (Fla. 4th DCA 1991); Miller v. State, 442 So. 2d 419 (Fla. 4th DCA 1983). Moreover, criminal fines and costs are authorized by statute7 and are not imposed for traffic infractions, lending further support to a finding that the Legislature did not in…
-
Colon v. State, 738 So. 2d 1023 (Fla. 4th DCA 1999)…dy is not violated where he is charged and convicted of multiple counts of D.U.I. with injury or property damage arising out of a single episode). We reverse, however, appellant’s conviction for one count of misdemeanor D.U.I. In Deviney v. State, 579 So. 2d 373, 373 (Fla. 4th DCA 1991), the court held that a conviction for driving under the influence must be reversed where the defendant was also convicted of D.U.I. with serious bodily injury arising out of the same incident. A charge of misdemeanor driving…
Authorities Cited
- Satterfield v. State, 553 So. 2d 793 (Fla. 1st DCA 1989)