ROLAND CHARLES EDWARD CARR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant cannot be convicted of two manslaughter offenses when both arise from a single death.
Appellant was convicted of manslaughter by intoxication and manslaughter by culpable negligence for a single death.…
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McCORD, Judge.
Appellant was tried on an information which charged in Count I manslaughter by intoxication and in Count II manslaughter by culpable negligence. He was found guilty by the jury and adjudged guilty of both counts. Appellant contends that the trial court erred in adjudicating him guilty of two manslaughter offenses when both involved only one death. Appellee contends that the two convictions should stand; that the single sentence was proper since both offenses arose out of the same criminal transaction.
This case does not involve the “single transaction” rule there was only one crime —manslaughter, and not two arising out of the same criminal transaction. Thus, appellant could be adjudged guilty of only the one manslaughter which the jury found he committed by both'of the two means specified. See Phillips v. State, 289 So. 2d 769 (Fla. 2 DCA 1964).
Reversed and remanded with directions to enter an amended judgment and sentence adjudicating appellant guilty of the one crime of manslaughter. Such may be accomplished by order of the court without returning appellant to open court.
RAWLS, Acting C. J., and SMITH, J., concur.
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Citator
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Houser v. State, 474 So. 2d 1193 (Fla. 1985)…nciple has been applied in the case of dual charges of DWI manslaughter and manslaughter. Thomas v. State, 380 So. 2d 1299 (Fla. 4th DCA), review denied, 389 So. 2d 1116 (Fla.1980); Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976); Carr v. State, 338 So. 2d 267 (Fla. 1st DCA 1976); Stricklen v. State, 332 So. 2d 119 (Fla. 1st DCA 1976); Phillips v. State, 289 So. 2d 769 (Fla. 2d DCA 1974). And the rule has been utilized in the express situation now before us. Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1…
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Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1980)…one-year term on count II. This court reversed reasoning that the separate counts in the information charged only a single offense by different acts for which only one sentence is appropriate. The same result is found in the cases of Carr v. State, 338 So. 2d 267 (Fla.lst DCA 1976), Phillips v. State, 289 So. 2d 769 (Fla.2d DCA 1974), and Thomas v. State, 380 So. 2d 1299 (Fla.4th DCA 1980). In Brown v. State, 371 So. 2d 161 (Fla.2d DCA 1979), the appellant, like the appellant in the case at bar, was charged…
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Tippy McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017)…74) (reversing manslaughter by culpable negligence conviction because defendant was also convicted and sentenced for operating a motor vehicle while intoxicated, stating “[i]n any case, only one judgment and sentence is appropriate”); Carr v. State, 338 So. 2d 267, 267 (Fla. 1st DCA 1976) (“[Ajppellant could be adjudged guilty of only the one manslaughter which the jury found he committed by both of the two means specified.”); Stewart v. State, 184 So. 2d 489, 491 (Fla. 4th DCA 1966) (“[T]he jury found the de…
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- Phillips v. State, 289 So. 2d 769 (Fla. 2d DCA 1974)