Opinion
No. 92-1807.
August 31, 1994.
Appeal from the Circuit Court for Palm Beach County; Hubert R. Lindsey, Judge.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
GUNTHER and WARNER JJ., concur.
FARMER, J., dissents with opinion.
This is the companion case to Nettles v. State, 641 So.2d 527, which we also release today. The defendant in this case was a codefendant with Nettles. I dissent from the imposition of the more serious culpable negligence penalty for the same reasons that I expressed in my dissenting opinion in Nettles. I agree with the affirmance of the restitution order.