Cameron v. State

District Court of Appeal of Florida

Cameron v. State

882 So. 2d 526, 2004 Fla. App. LEXIS 13853, 2004 WL 2101910

District Court of Appeal of Florida·Decided September 22, 2004·No. No. 4D03-2238·Published

Opinion

SHAHOOD, J.

We affirm appellant’s convictions of DUI manslaughter and DUI property damage. We reverse, based on double jeopardy, appellant’s conviction of vehicular homicide and remand for the trial court to vacate the conviction and sentence on this count. See State v. Chapman, 625 So.2d 838 (Fla.1993) (recognizing that DUI manslaughter and vehicular homicide are two separate crimes, neither being a lesser included offense of the other, but holding that a single death cannot support convictions for both crimes).

AFFIRMED in part; REVERSED in part; and REMANDED with directions.

KLEIN and STEVENSON, JJ., concur.

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SHAHOOD, J.

We affirm appellant’s convictions of DUI manslaughter and DUI property damage. We reverse, based on double jeopardy, appellant’s conviction of vehicular homicide and remand for the trial court to vacate the conviction and sentence on this count. See State v. Chapman, 625 So.2d 838 (Fla.1993) (recognizing that DUI manslaughter and vehicular homicide are two separate crimes, neither being a lesser included offense of the other, but holding that a single death cannot support convictions for both crimes).

AFFIRMED in part; REVERSED in part; and REMANDED with directions.

KLEIN and STEVENSON, JJ., concur.

Cameron v. State, 882 So. 2d 526, 2004 Fla. App. LEXIS 13853, 2004 WL 2101910 (Fla. Ct. App. 2004).

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Opinion

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