Spillane v. State

Full title: JOSEPH T. SPILLANE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 5, 1984

458 So. 2d 838 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2295.

November 7, 1984. Rehearing and Request to Certify Denied December 5, 1984.

Appeal from Circuit Court, Palm Beach County; Richard B. Burk, Judge.

Douglas N. Duncan and Robert P. Foley of Foley, Colton Duncan, P.A., West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We have considered all of the points raised by the appellant and find no reversible error demonstrated. However, we recognize that our holding that vehicular homicide is a lesser included offense of DWI manslaughter conflicts with a decision of the Second District Court of Appeal in Mastro v. State, 448 So.2d 626 (Fla. 2d DCA 1984).

AFFIRMED.

DOWNEY, LETTS and HURLEY, JJ., concur.