STATE OF FLORIDA, PETITIONER,
v.
GLENN BLACKLEDGE, RESPONDENT
STATE OF FLORIDA, PETITIONER,
GLENN BLACKLEDGE, RESPONDENT
807 So. 2d 151
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The state seeks certiorari review of the trial court’s order which in effect precludes the state from proceeding under an alternative theory of DUI manslaughter. The theory at issue is driving with an unlawful blood alcohol level (UBAL).
We grant the petition based on the reasoning set forth in this court’s recent decision in Dodge v. State, 805 So. 2d 990 (Fla. 4th DCA 2001). The case is remanded for further proceedings consistent with Dodge.
POLEN, C.J., WARNER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Farrall v. State, 902 So. 2d 820 (Fla. 4th DCA 2004)…information based on double jeopardy. The court granted the motion as to the manslaughter charges. The state appealed that order; this court reversed the trial court and allowed the state to proceed on the alternative theories. See State v. Farrall, 807 So. 2d 151 (Fla. 4th DCA 2002). As a result, the jury was presented with evidence relating to all theories. They entered a verdict finding appellant guilty of the lesser offense of DUI on Counts I and II (instead of DUI/Manslaughter), of the lesser offense of…
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State v. MacKler, 825 So. 2d 516 (Fla. 4th DCA 2002)…the appeal as a petition for common law certiorari. See Fla. R.App. P. 9.040(c); State v. Sowers, 763 So. 2d 394, 398 (Fla. 1st DCA 2000). We grant the petition based on Dodge v. State, 805 So. 2d 990 (Fla. 4th DCA 2001). See State v. Blackledge, 807 So. 2d 151 (Fla. 4th DCA 2002); State v. Farrall, 807 So. 2d 151 (Fla. 4th DCA 2002). The case is remanded for further proceedings consistent with Dodge. WARNER, GROSS, and HAZOURI, JJ., concur.…1 / 2
Authorities Cited
- Dodge v. State, 805 So. 2d 990 (Fla. 4th DCA 2001)