FRANKLIN D. MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that separate counts charging a single offense by different acts can only result in one sentence.
Appellant was charged with two counts of manslaughter, found guilty on both by a jury, and sentenced concurrently by the trial court. The appellate co…
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PER CURIAM.
Appellant was charged by a two-count information with (1) manslaughter while intoxicated in violation of Section 860.01, Florida Statutes, and (2) manslaughter by culpable negligence in violation of Section 782.07, Florida Statutes. He was tried by a jury which found him guilty as charged on both counts. The trial court adjudicated him guilty on both counts and sentenced him for a term of:
“. . . ten (10) years as to Count One: one (1) year as to Count Two. 195 days credit to be given for time served from date of arrest to sentencing. Sentences as to both counts to run concurrently.”
We hold that the separate counts in the information charged only a single offense by different acts for which there 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.
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Houser v. State, 474 So. 2d 1193 (Fla. 1985)…ee felony murder and second-degree murder). The principle 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 u…
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Kurtz v. State, 564 So. 2d 519 (Fla. 2d DCA 1990)…9 So. 2d 891 (Fla. 2d DCA 1984); Johnson v. State, 419 So. 2d 1144 (Fla. 2d [*523] DCA 1982); Ubelis v. State, 384 So. 2d 1294 (Fla. 2d DCA 1980); Brown v. State, 371 So. 2d 161 (Fla. 2d DCA 1979), aff’d, 386 So. 2d 549 (Fla. 1980); Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976); Phillips v. State, 289 So. 2d 769 (Fla. 2d DCA 1974); Vela v. State, 450 So. 2d 305 (Fla. 5th DCA 1984); Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981); Muszynski v. State, 392 So. 2d 63 (Fla. 5th DCA 1981); Thomas v. State, 3…
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Gordon v. State, 457 So. 2d 1095 (Fla. 5th DCA 1984)…r and vehicular homicide); Thomas v. State, 380 So. 2d 1299 (Fla. 4th DCA 1980) (DWI manslaughter and manslaughter by culpable negligence); Brown v. State, 371 So. 2d 161 (Fla. 2d DCA 1979) (DWI manslaughter and vehicular homicide); Miller v. State, 339 So. 2d 1129 (Fla. 2d DCA 1976) (DWI manslaughter and manslaughter by culpable negligence); Stridden v. State, 332 So. 2d 119 (Fla. 1st DCA 1976) (DWI manslaughter and manslaughter by culpable negligence); Phillips v. State, 289 So. 2d 769 (Fla. 2d DCA 1974) (DW…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stewart v. State, 184 So. 2d 489 (Fla. 4th DCA 1966)
- Dawson v. State, 266 So. 2d 116 (Fla. 1st DCA 1972)