JOSEPH FRANCIS DAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the blood sample extraction was proper and the sentences were amended to reflect concurrent sentences for manslaughter counts.
Dawson was convicted of two counts of manslaughter and one count of driving under the influence. He appealed the conviction and sentences, primarily c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Driving Under The Influence cases and more on FLexlaw
Dawson appeals a judgment of convic tion and sentences of two counts of manslaughter and one count of driving while under the influence of alcoholic beverages. His primary contention is that a blood sample was taken from his body contrary to the provisions of F.S. § 322.261, F.S.A. The facts surrounding the extraction of blood from Dawson fall squarely within those detailed in the Supreme Court’s decision in State v. Mitchell, 245 So.2d 618 (Fla.1971), and thus this contention is without merit. Dawson also urges that a view of the scene by the jury was improperly conducted. This record discloses that the view was conducted under the careful supervision of the trial judge without any improper influences.
Finally, Dawson contends that the two 20-year and the one 6-month concurrent sentences are improper because only one transaction was involved. As to counts one and two of manslaughter, the words in the sentence of the Court reading “to run concurrently” are deleted; thus one sen*117tence of 20 years for these two counts shall stand. Stewart v. State, 184 So.2d 489 (4 Fla.App.1966). The concurrent sentence of 6 months imposed for driving while under the influence of alcoholic beverages resulted from a separate offense and therefore constitutes a proper sentence.
The judgment of conviction is affirmed; the sentences are amended as stated above. It is not necessary that appellant be returned for resentencing.
SPECTOR, C. J., and JOHNSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976)…can be only one sentence. Accordingly, the words in the sentence: “. . . one (1) year as to Count Two. Sentences as to both counts to run concurrently.” are hereby vacated as surplusage. The remainder of the sentence is affirmed. Dawson v. State, 266 So. 2d 116 (Fla. 1st DCA 1972); Stewart v. State, 184 So. 2d 489 (Fla. 4th DCA 1966). HOBSON, Acting C. J., and BOARD-MAN and SCHEB, JJ., concur.…
-
Gordon v. State, 292 So. 2d 46 (Fla. 1st DCA 1974)…ppellant can be sentenced only for the highest offense charged of which he was convicted — robbery. This court can and does amend the sentence rendering it unnecessary to return the appellant to the trial court for resentencing. See Dawson v. State, 266 So. 2d 116 (1 Fla.App., 1972). It is therefore ordered that the 10 year sentence for use of a firearm during the commission of a felony is vacated. The sentence of 25 years imprisonment for the crime of robbery is affirmed. RAWLS, C. J., and JOHNSON, J., conc…
-
Goode v. State, 279 So. 2d 352 (Fla. 1st DCA 1973)…rected interpretation of law as set forth in Mitchell v. State, 227 So. 2d 728 (2 Fla.App.1969). It is not the role of this court to re-evaluate a recent decision of the Supreme Court of Florida. As stated in this court’s opinion of Dawson v. State, 266 So. 2d 116 (1 Fla.App.1972) : “The facts surrounding the extraction of blood from Dawson fall squarely within those detailed in the Supreme Court’s decision in State v. Mitchell, 245 So. 2d 618 (Fla.1971), and thus this contention is without merit.” The fact…
Authorities Cited
- State v. Mitchell, 245 So. 2d 618 (Fla. 1971)
- Stewart v. State, 184 So. 2d 489 (Fla. 4th DCA 1966)