Reedy v. State

Decided July 7, 1988

District Court of Appeal of Florida · decided 1988-07-07

Relies on 518 So. 2d 1270 - Florida Bar re Advisory Opinion Hrs Nonlawyer Counselor · 474 So. 2d 1193 - Ramsey v. State · 523 So. 2d 152 - State v. Barton

Good law ✅— No negative treatment on recordhow we know

Decided 1988-07-07

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Cited by 11 later decisions — most recently June 2006

11 state decisions

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PER CURIAM.

¶1The defendant was improperly convicted of two homicide offenses (manslaughter by culpable negligence — section 782.07, Florida Statutes and vehicular homicide — section 782.071, Florida Statutes) based on one death. See Houser v. State, 474 So.2d 1193 (Fla.1985); Hoag v. State, 511 So.2d 401 (Fla. 5th DCA), rev. denied, 518 So.2d 1278 (Fla.1987). The conviction of vehicular homicide, the lesser of the two offenses, is vacated. See State v. Barton, 523 So.2d 152 (Fla.1988).

¶2Upon motion in the trial court, the defendant is entitled to be resentenced based on a scoresheet with no points scored for the now-vacated vehicular homicide conviction. All other issues presented to us in this appeal are without merit.

¶3The conviction of manslaughter by culpable negligence is affirmed; the conviction for vehicular homicide is vacated.

¶4AFFIRMED IN PART; VACATED IN PART.

SHARP, C.J., DAUKSCH and COWART, JJ., concur.