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96 So. 3d 1159

Del Risco v. State

District Court of Appeal of Florida

Decided September 19, 2012

District Court of Appeal of Florida · decided 2012-09-19

Cited by 1 later decisions — most recently March 2015

1 state decisions

Relies on 47 So. 3d 908 - Ivey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2012-09-19

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¶1 ON CONFESSION OF ERROR

PER CURIAM.

¶2Defendant, Gabriel Del Risco, appeals three convictions for manslaughter arising from a judgment and sentence, entered upon a plea of guilty, wherein he was also convicted for three counts of DUI manslaughter. Based upon appellee, the State of Florida’s, confession of error, we order that the convictions for manslaughter be vacated and remand for further proceedings in the trial court. See Ivey v. State, 47 So.3d 908, 911 (Fla. 3d DCA 2010) (“[T]he defendant’s convictions for both vehicular homicide and DUI manslaughter cannot stand as they violate double jeopardy.”).

¶3Reversed and remanded with instructions.

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