ARNALDO VEGA-VAZQUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A single death cannot support convictions for both manslaughter and vehicular homicide.
The appellant was convicted of manslaughter and vehicular homicide following a single death resulting from his operation of a motor vehicle. He appeal…
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CASANUEVA, Judge.
Arnaldo Vega-Vazquez raises numerous issues in this appeal from his convictions for manslaughter and vehicular homicide. We find only one contention meritorious, which we discuss below. As to the remaining issues, we affirm.
Mr. Vega-Vazquez contends that because only one death resulted from his operation of a motor vehicle, he cannot be adjudicated guilty of both manslaughter and vehicular homicide. The State, citing State v. Chapman, 625 So. 2d 838 (Fla.1993), does not take issue with this contention. In Chapman, the supreme court held a single death cannot support convictions for both manslaughter by driving while under the influence and vehicular homicide. See also State v. Cooper, 634 So. 2d 1074 (Fla.1994). Accordingly, the vehicular homicide conviction cannot stand.
We affirm his manslaughter conviction, reverse the vehicular homicide conviction, and remand with instructions for the circuit court to strike the latter. Because Mr. Vega-Vazquez was not sentenced for vehicular homicide, nor was it included on his guidelines scoresheet, we affirm his sentence.
NORTHCUTT, A.C.J., and SALCINES, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Holmes v. State, 778 So. 2d 534 (Fla. 1st DCA 2001)…tion for vehicular homicide. State v. Chapman, 625 So. 2d 838 (Fla.1993). Because Appellant was not sentenced for vehicular homicide and that conviction is not included on his guidelines scoresheet, we affirm his sentence. See Vega-Vazquez v. State, 760 So. 2d 290 (Fla.2d DCA2000). AFFIRMED in part,, REVERSED in part, and REMANDED with instructions. BOOTH, DAVIS and POLSTON, JJ., concur.…
Authorities Cited
- State v. Chapman, 625 So. 2d 838 (Fla. 1993)
- State v. Cooper, 634 So. 2d 1074 (Fla. 1994)