Summary
finding that a defendant may receive separate convictions for DUI manslaughter and DUI with property damage or personal injury in instances where multiple injuries arose from the crash
Summary of this case from Gatta v. Sec'y, Dep't of Corr.Opinion
No. 87010.
September 26, 1996.
Robert A. Butterworth, Attorney General; Georgina Jimenez-Orosa, Assistant Attorney General, Chief, West Palm Beach Bureau; and John Tiedemann and Melynda L. Melear, Assistant Attorneys General, West Palm Beach, for Petitioner.
Richard L. Jorandby, Public Defender and Cherry Grant, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Respondent.
Flem K. Whited III and Barbara C. Davis of Whited Davis, Daytona Beach, for the Florida Association of Criminal Defense Lawyers, Amicus Curiae.
We have for review Salazar v. State, 665 So.2d 1066 (Fla. 4th DCA 1995), wherein the district court certified conflict with State v. Lamoureux, 660 So.2d 1063 (Fla. 2d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Salazar based on Melbourne v. State, 679 So.2d 759 (Fla. 1996). Melbourne applies to parts 1, 2, and 3 of section 316.193(3)(c), Florida Statutes (1993).
It is so ordered.
KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.