Opinion
No. 3D11–1513.
2012-09-19
Gabriel DEL RISCO, Appellant, v. The STATE of Florida, Appellee.
An Appeal from the Circuit Court for Miami–Dade County, Rosa I. Rodriguez, Judge. Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.
An Appeal from the Circuit Court for Miami–Dade County, Rosa I. Rodriguez, Judge.
Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.
Before, CORTIÑAS, ROTHENBERG and FERNANDEZ, JJ.
ON CONFESSION OF ERROR
PER CURIAM.
Defendant, 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.”).
Reversed and remanded with instructions.