Brown v. State, 83-2086
| Decision Date | 25 May 1984 |
| Docket Number | No. 83-2086,83-2086 |
| Citation | 452 So.2d 605 |
| Parties | William Terry BROWN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.
William Terry Brown was convicted by a jury of DWI manslaughter, section 316.1931, Florida Statutes (Supp.1982), and vehicular homicide, section 782.071, Florida Statutes (1981). The trial court adjudged defendant guilty of both crimes, but only sentenced him for the conviction of DWI manslaughter. We affirm in part, reverse in part, and remand the case to the trial court.
Because the defendant's act of driving caused a single death, it was improper to convict him of both DWI manslaughter and vehicular homicide. Platt v. State, 449 So.2d 891 (Fla. 2d DCA 1984); Ubelis v. State, 384 So.2d 1294 (Fla. 2d DCA 1980). Accordingly, we reverse the judgment of guilt of vehicular homicide. The case is remanded to the trial court with instructions to set aside the judgment of guilt on vehicular homicide.
The conviction and sentence for DWI manslaughter is affirmed, the conviction of vehicular homicide is reversed, and the case is remanded with instructions.
To continue reading
Request your trial
-
Akins v. State
...DCA 1983). Other cases have impliedly held the same way by granting relief from double jeopardy violations, see, e.g., Brown v. State, 452 So.2d 605 (Fla. 2d DCA 1984). This court should expressly recede from Chapman, Drakes and Garcia and embrace the correct principles of constitutional la......
-
Kurtz v. State
...Thus, civil law seems to recognize that alcohol impairment is not always, as a matter of law, culpable negligence.11 Brown v. State, 452 So.2d 605 (Fla. 2d DCA 1984); Platt v. State, 449 So.2d 891 (Fla. 2d DCA 1984); Johnson v. State, 419 So.2d 1144 (Fla. 2d DCA 1982); Ubelis v. State, 384 ......
-
Higdon v. State
...Sept. 28, 1984) where this court declined to follow Ohio v. Johnson when interpreting the Florida Constitution; accord Brown v. State, 452 So.2d 605 (Fla. 2d DCA 1984); Vela v. State, 450 So.2d 305 (Fla. 5th DCA 1984); Platt v. State, 449 So.2d 891 (Fla. 2d DCA 1984); Ubelis v. State, 384 S......
-
Gordon v. State
...The rule in Florida has always been that when there is but one death, there can be only one conviction for homicide. Brown v. State, 452 So.2d 605 (Fla. 2d DCA 1984) (DWI manslaughter and vehicular manslaughter); Vela v. State, 450 So.2d 305 (Fla. 5th DCA 1984) (DWI manslaughter and vehicul......