RUBEN SOTO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-01-02
No. 3D04-2370
Before GREEN, SHEPHERD and CORTINAS, JJ.
971 So. 2d 968 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant, Ruben Soto, appeals from the judgment and sentence entered upon a jury verdict finding him guilty of two counts of DUI manslaughter and two counts of manslaughter by culpable negligence. Based upon the State’s confession of error, we order that the convictions for manslaughter by culpable negligence be vacated. See State v. Chapman, 625 So. 2d 838, 839 (Fla.1993); Logan v. State, 592 So. 2d 295, 300 (Fla. 5th DCA 1991) (holding that a defendant cannot be convicted of both DUI manslaughter and manslaughter by culpable negligence in connection with a single death). On all other issues, we affirm.

Affirmed in part and remanded to the trial court with instructions that the convictions for manslaughter by culpable negligence be vacated.


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  • State v. Hebert, 8 So. 3d 393 (Fla. 4th DCA 2009)
    …m in a manner most favorable to sustaining the trial court’s ruling. State v. Manuel, 796 So. 2d 602, 604 (Fla. 4th DCA 2001). At the same time, legal issues such as the legal standard applied by the trial court are reviewed de novo. State v. Young, 971 So. 2d 968, 971 (Fla. 4th DCA 2008). In order to determine the constitutional validity of a traffic stop, the “correct test to be applied is whether the particular officer who initiated the traffic stop had an objectively reasonable basis for making the stop.”…
  • Clive Gentles v. State, 50 So. 3d 1192 (Fla. 4th DCA 2010)
    …ot transform the consensual encounter into a seizure. “We review orders on motions to suppress to determine whether the trial court’s factual findings are supported by competent substantial evidence and review legal issues de novo.” State v. Young, 971 So. 2d 968, 971 (Fla. 4th DCA 2008) (citing Thomas v. State, 894 So. 2d 126, 136 (Fla.2004)). “When considering a motion to suppress, a court is required to consider the ‘totality of [the] circumstances’ that led to the discovery of evidence.” State v. Hendrex…
  • Gonzalez v. State, 59 So. 3d 182 (Fla. 4th DCA 2011)
    …th v. State, 997 So. 2d 499, 500 (Fla. 4th DCA 2008)). “We review orders on motions to suppress to determine whether the trial court’s factual findings are supported by competent substantial evidence and review legal issues de novo.” State v. Young, 971 So. 2d 968, 971 [*185] (Fla. 4th DCA 2008) (citing Thomas v. State, 894 So. 2d 126, 136 (Fla.2004)). “ A trial court’s ruling on a motion to suppress is clothed with a presumption of correctness on appeal, and the reviewing court must interpret the evidence an…

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