Spillane v. State, 83-2295
| Decision Date | 07 November 1984 |
| Docket Number | No. 83-2295,83-2295 |
| Citation | 458 So.2d 838 |
| Parties | Joseph T. SPILLANE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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.
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.
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3 cases
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Higdon v. State
...is not a lesser included offense under DWI manslaughter. Mastro v. State, 448 So.2d 626 (Fla. 2d DCA 1984). But see Spillane v. State, 458 So.2d 838 (Fla. 4th DCA 1984). This notwithstanding the fact that it is listed as a category 1 lesser included offense in the Supreme Court approved com......
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Lodson v. State, 85-351
...So.2d 626 (Fla. 2d DCA 1984), that vehicular homicide is not a lesser included offense of D.W.I. manslaughter. But see Spillane v. State, 458 So.2d 838 (Fla. 4th DCA 1984); cf. Higdon v. State, 465 So.2d 1309 (Fla. 5th DCA Although appellant correctly recites this court's holding in Mastro,......
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Spillane v. State
...Asst. Atty. Gen., West Palm Beach, for respondent. EHRLICH, Justice. We review a decision of the district court, Spillane v. State, 458 So.2d 838 (Fla. 4th DCA 1984), which conflicts with decisions of other district courts. We have jurisdiction. Art. V, § 3(b)(3), Fla. On the authority of H......