RALPH CHAPMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RALPH CHAPMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
604 So. 2d 942
Florida District Court of Appeal, Fifth District (1992)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Chapman was convicted of both DUI manslaughter and vehicular homicide, sections 316.193 and 782.071, Florida Statutes (1991). Both offenses resulted from a single automobile accident. We must vacate the conviction and sentence for vehicular homicide based upon the decisions in Houser v. State, 474 So. 2d 1193 (Fla.1985), and Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991), dismissed, 599 So. 2d 656 (Fla.1992). We affirm the conviction for DUI manslaughter and remand for resentencing.
VACATED in part; AFFIRMED in part; REMANDED.
GOSHORN, C.J., and W. SHARP and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Chapman, 625 So. 2d 838 (Fla. 1993)…McDonald, justice. We review Chapman v. State, 604 So. 2d 942 (Fla. 5th DCA 1992), because of conflict with Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991). We have jurisdiction under article V, section 3(b)(3), Florida Constitution, and approve Chapman. A jury convicted Chapman of both DUI manslaughter a…
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Cooper v. State, 621 So. 2d 729 (Fla. 5th DCA 1993)…le accident. See Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991), cause dismissed, 599 So. 2d 656 (Fla.1992) (involving the homicide offenses of DUI manslaughter and culpable negligence manslaughter resulting in a single death); Chapman v. State, 604 So. 2d 942 (Fla. 5th DCA 1992), rev. granted, 618 So. 2d 210 (Fla. 1993) (involving the homicide offenses of DUI manslaughter and vehicular homicide resulting in a single death). In Kurtz, the court reviewed the issue of whether an accused could be convicted…
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Goodwin v. State, 610 So. 2d 31 (Fla. 4th DCA 1992)…eopardy clause. We follow our prior opinion in Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991), which held that convictions for DUI manslaughter and vehicular homicide arising out of one death would stand. We note conflict with Chapman v. State, 604 So. 2d 942 (Fla. 5th DCA 1992) and Kurtz v. State, 564 So. 2d 519 (Fla. 5th DCA 1991), and certify the following question to be of great public importance: WHETHER A DEFENDANT CAN BE CONVICTED AND SENTENCED FOR UBAL MANSLAUGHTER AND VEHICULAR HOMICIDE ARISING…
Authorities Cited
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)
- Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991)