Francisco-Augustin v. State

District Court of Appeal of Florida

Francisco-Augustin v. State

695 So. 2d 1299, 1997 Fla. App. LEXIS 7217, 1997 WL 346063

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1997

DocketNo. 96-2534

StatusPublished

Cited by4 cases

This text of 695 So. 2d 1299 (Francisco-Augustin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Francisco-Augustin v. State, 695 So. 2d 1299, 1997 Fla. App. LEXIS 7217, 1997 WL 346063 (Fla. Ct. App. 1997).

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Opinion

POLEN, Judge.

Appellant was sentenced on his plea of no contest to two counts of DUI manslaughter, leaving the scene of an accident involving death, and DUI with serious bodily injury. He argues that it was error for a portion¹ of his 15-year prison sentence on the second count of DUI manslaughter to run consecutively to count I, while the remainder ran concurrently. We reverse.

The state concedes and we agree that under the authority of Rozmestor v. State, 381 So.2d 324 (Fla. 5th DCA 1980), such a sentence is erroneous. The parties dispute, however, whether or not the trial court may impose anything other than a concurrent sentence on remand. We decline to address this issue in advance of the trial court’s resen-tencing, as it would be premature.

GUNTHER, C.J., and FARMER, J., concur.

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POLEN, Judge.

Appellant was sentenced on his plea of no contest to two counts of DUI manslaughter, leaving the scene of an accident involving death, and DUI with serious bodily injury. He argues that it was error for a portion¹ of his 15-year prison sentence on the second count of DUI manslaughter to run consecutively to count I, while the remainder ran concurrently. We reverse.

The state concedes and we agree that under the authority of Rozmestor v. State, 381 So.2d 324 (Fla. 5th DCA 1980), such a sentence is erroneous. The parties dispute, however, whether or not the trial court may impose anything other than a concurrent sentence on remand. We decline to address this issue in advance of the trial court’s resen-tencing, as it would be premature.

GUNTHER, C.J., and FARMER, J., concur.

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Bluebook (online)

695 So. 2d 1299, 1997 Fla. App. LEXIS 7217, 1997 WL 346063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francisco-augustin-v-state-fladistctapp-1997.

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