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Davis v. State

District Court of Appeal of Florida, Fourth District
Jul 19, 2000
762 So. 2d 588 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 4D99-1088

Opinion filed July 19, 2000 JULY TERM 2000

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Virginia G. Broome, Judge; L.T. Case No. 98-4129 CF A02.

Jo Ann B. Kotzen of Law Offices of Jo Ann B. Kotzen, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.


Shannetta Davis appeals her conviction and sentence for DUI manslaughter and driving with a suspended or revoked license. We affirm appellant's conviction for DUI manslaughter but reverse her sentence upon the state's concession that there was an error in the guidelines scoresheet calculation and that this matter should be remanded for resentencing.

We also accept the state's concession that the trial court erred in adjudicating appellant guilty of driving with a suspended license without a trial or proper plea colloquy. We reverse and remand for either a trial or plea hearing in accordance with Florida Rule of Criminal Procedure 3.172.

AFFIRMED in part, REVERSED in part and REMANDED.

DELL, SHAHOOD and TAYLOR, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Fourth District
Jul 19, 2000
762 So. 2d 588 (Fla. Dist. Ct. App. 2000)
Case details for

Davis v. State

Case Details

Full title:SHANNETTA DAVIS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 19, 2000

Citations

762 So. 2d 588 (Fla. Dist. Ct. App. 2000)