Soto v. State

Ruben SOTO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 2, 2008.

District Court of Appeal of Florida · decided 2008-01-02

Cited by 4 later decisions — most recently July 2013

4 state decisions

Relies on State v. Chapman · 592 So. 2d 295 - Logan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-01-02

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¶1Lisa S. Walsh, Miami, for appellant.

¶2Bill McCollum, Attorney General, and Angel L. Fleming, Assistant Attorney General, for appellee.

¶3Before GREEN, SHEPHERD and CORTIÑAS, JJ.

¶4PER CURIAM.

¶5Defendant, 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.

¶6Affirmed in part and remanded to the trial court with instructions that the convictions for manslaughter by culpable negligence be vacated.