PEDRO J. SENTENO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's convictions for DUI manslaughter and driving while license suspended causing death to the same victim were improper under State v. Cooper, requiring reversal and resentencing on that count only.
A defendant may not be convicted of both DUI manslaughter and driving while license suspended causing death with respect to the same victim.
[1] A defendant may not be convicted of both DUI manslaughter and driving while license suspended or revoked causing death with respect to the same victim, though both convic…
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Join FLexlaw to unlock all legal intelligencePedro J. Senteno was convicted of two counts of DUI manslaughter, DUI with personal injury, DUI with property damage, leaving the scene of an accident…
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THREADGILL, Judge.
The appellant, Pedro J. Senteno, challenges his judgments and sentences for two counts of DUI manslaughter, DUI with personal injury, DUI with property damage, leaving the scene of an accident involving injury or death, and driving while license suspended and causing serious injury or death. He raises several issues; however, we find merit only in his contention that he was improperly convicted of both DUI manslaughter and driving while license suspended and causing death or injury to the same victim. We therefore reverse on that issue only.
According to State v. Cooper, 634 So. 2d 1074 (Fla.1994), a defendant may not be convicted of both DUI manslaughter and driving while license suspended or revoked and causing death, with respect to the same victim. See also Jackson v. State, 702 So. 2d 607 (Fla. 5th DCA 1997). A defendant may, however, be convicted of both DUI manslaughter and driving while license suspended or revoked, arising from the same incident. Cooper. For that reason, this cause is reversed and remanded for resentencing on all counts with a corrected scoresheet, which deletes the conviction for driving while license suspended and causing death. Senteno’s remaining convictions are otherwise affirmed. Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and STRINGER, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Kelly v. State, 987 So. 2d 1237 (Fla. 2d DCA 2008)…uld be permissible under the Cooper rationale, convictions for both DUI with serious bodily injury and driving without a valid license with serious bodily injury based on the injury to only one victim are not permissible. See also Sen-teno v. State, 737 So. 2d 1120, 1120 (Fla. 2d DCA 1999) (citing Cooper for the proposition that “a defendant may not be convicted of both DUI manslaughter and driving while license suspended or revoked and causing death, with respect to the same victim”). Thus,- consistent with C…
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Senteno v. State, 768 So. 2d 523 (Fla. 2d DCA 2000)…PER CURIAM. We affirm the sentence entered in this case on remand from the first appeal. See Senteno v. State, 737 So. 2d 1120 (Fla. 2d DCA 1999). We reverse the judgment entered on remand' as to count six because that judgment does not comply with the opinion that we issued in the first appeal. On remand, the trial court shall enter a new judgment accurately stating the co…
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Martinez v. State, 251 So. 3d 306 (Fla. 2d DCA 2018)…nt can only be punished once for that death." (citing State v. Cooper, 634 So. 2d 1074, 1074-75 (Fla. 1994); Houser v. State, 474 So. 2d 1193, 1197 (Fla. 1985); Rodriguez v. State, 875 So. 2d 642, 645 (Fla. 2d DCA 2004))); see also Senteno v. State, 737 So. 2d 1120, 1120 (Fla. 2d DCA 1999) ("[A] defendant may not be convicted of both DUI manslaughter and driving while license suspended or revoked and causing death, with respect to the same victim."). Therefore, we must reverse and remand with instructions for…
Authorities Cited
- State v. Cooper, 634 So. 2d 1074 (Fla. 1994)
- Jackson v. State, 702 So. 2d 607 (Fla. 5th DCA 1997)
- Rogers v. State, 702 So. 2d 607 (Fla. 1st DCA 1997)