MARGARITO CURIEL AGUIRRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to vacate a conviction for vehicular homicide when dual convictions violated double jeopardy, and that discretionary fines and surcharges require oral pronouncement.
Appellant was convicted of DUI manslaughter and vehicular homicide. The trial court acknowledged double jeopardy violation but failed to vacate the ve…
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Appellant, Margarito Curiel-Aguirre, appeals a conviction for vehicular homicide and certain discretionary costs. We reverse and remand.
Appellant was found guilty of DUI manslaughter and vehicular homicide. The trial court agreed that the dual convictions violated the prohibition against double jeopardy, but neglected to then vacate the conviction foy vehicular homicide. The state concedes error on appeal. Accordingly, we order the lower court to vacate the conviction for vehicular manslaughter. See Del Risco v. State, 96 So.3d 1159 (Fla. 3d DCA 2012).
Appellant also challenges the imposition of a discretionary fíne and surcharge that were not orally pronounced at the sentencing hearing. Such fines, pursuant to section 775.083, Florida Statutes (2012), cannot be announced as part of a lump sum, as was done below, but must be specifically pronounced. See, e.g., Coates v. State, 106 So.3d 509 (Fla. 1st DCA 2013); Keel v. State, 134 So.3d 1005 (Fla. 1st DCA 2012): On remand, the trial court may reimpose the fine and surcharge after following the proper procedure. See, e.g., Jones v. State, 107 So.3d 563 (Fla, 1st DCA 2013); Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012).
REVERSED and REMANDED for further proceedings.
THOMAS and WETHERELL, JJ., and ADRIAN G. SOUD, Associate Judge, concur.
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Citator
Cited By
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Cheri Rose Granger v. State, 237 So. 3d 486 (Fla. 5th DCA 2018)…nd State v. Chapman , 625 So. 2d 838 (Fla. 1993). The State concedes error, and based upon our supreme court's precedent, we agree. Accordingly, we order the trial court to vacate Appellant's conviction for vehicular homicide. See Aguirre v. State , 159 So. 3d 1033, 1033 (Fla. 1st DCA 2015) ; Ivey v. State , 47 So. 3d 908, 911 (Fla. 3d DCA 2010). We affirm Appellant's conviction and sentence for DUI manslaughter, as well as her other convictions and sentences for driving while license suspended and DUI with pr…
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Cheri R. Granger v. State (Fla. 5th DCA 2018)…and State v. Chapman, 625 So. 2d 838 (Fla. 1993). The State concedes error, and based upon our supreme court's precedent, we agree. Accordingly, we order the trial court to vacate Appellant's conviction for vehicular homicide. See Aguirre v. State, 159 So. 3d 1033, 1033 (Fla. 1st DCA 2015); Ivey v. State, 47 So. 3d 908, 911 (Fla. 3d DCA 2010). We affirm Appellant's conviction and sentence for DUI manslaughter, as well as her other convictions and sentences for driving while license suspended and DUI with prop…
Authorities Cited
- NIX v. State, 84 So. 3d 424 (Fla. 1st DCA 2012)
- Keel v. State, 134 So. 3d 1005 (Fla. 1st DCA 2012)
- Jones v. State, 107 So. 3d 563 (Fla. 1st DCA 2013)
- del Risco v. State, 96 So. 3d 1159 (Fla. 3d DCA 2012)
- Knoess v. State, 106 So. 3d 509 (Fla. 4th DCA 2013)
- Coates v. State, 106 So. 3d 509 (Fla. 1st DCA 2013)