Edwards v. State

Full title: CLYDE EDWARDS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 20, 1994

639 So. 2d 203 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-01397.

July 20, 1994.

Appeal from the Circuit Court for Polk County; Charles B. Curry, Judge.

James Marion Moorman, Public Defender, and Kenneth D. Whitfield, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

DANAHY, Acting Chief Judge.

For a single death he caused while driving under the influence, the appellant contends the trial court wrongly adjudicated and sentenced him for two counts: a violation of section 316.193, Florida Statutes (1991) (DUI resulting in death), as well as a violation of section 782.071 (vehicular homicide). Based on our supreme court's recent case of State v. Chapman, 625 So.2d 838 (Fla. 1993), he is correct. The appellee, the State of Florida, concedes the error.

Accordingly, we strike the conviction for vehicular homicide, affirm the conviction for DUI manslaughter, and remand for resentencing.

PARKER and ALTENBERND, JJ., concur.