Public-domain · open source
OpenJurist

343 So. 2d 972

Rosier v. State

District Court of Appeal of Florida · decided 1977-03-29

Relies on 56 So. 2d 543 - Preston v. State · 64 So. 2d 677 - Maxey v. State · Cornell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-03-29

How this case has been cited

Cited by 4 later decisions — most recently December 2003

4 state decisions

201977198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SMITH, Judge.

¶1Appellant contends he may not be separately sentenced on five counts of manslaughter by culpable negligence because the five victims were killed in a single automobile collision, characterized by appellant as a single transaction. We cannot assent. We have upheld separate sentences for violent crimes consecutively directed against , two or more persons. Booth v. State, 332 So.2d 157 (Fla. 1st DCA 1976). We have also upheld separate sentences for violent crimes simultaneously directed toward two or more persons. Robinson v. State, 323 So.2d 62 (Fla. 1st DCA 1975). Assuming as appellant argues that the accused there intended that his offense affect two or more persons, the same may be said for appellant’s culpable indifference to the safety and number of his victims in this case, which was equivalent to an intentional violation of their safety. Cornell v. State, 159 Fla. 687, 32 So.2d 610 (1947); Preston v. State, 56 So.2d 543 (Fla.1952); Maxey v. State, 64 So.2d 677 (Fla.1953).

¶2The trial court erred, as the State concedes, in purporting to impose a driving prohibition as a condition of any future parole from the flat sentences imposed and purporting to require, alternatively, that a member of the parole commission then accompany appellant when he operates a vehicle “so that they will be in as much jeopardy as other innocent persons on the highways.”

¶3The purported parole conditions are stricken from the sentences and, as so modified, the judgments are

¶4AFFIRMED.

BOYER, C. J., and MILLS, J., concur.
/343/so2d/972 · .json · Public domain