Schumacher v. State

District Court of Appeal of Florida

Schumacher v. State

127 So. 3d 1290, 2013 WL 6636232, 2013 Fla. App. LEXIS 19912

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 2013

DocketNo. 1D13-0710

StatusPublished

This text of 127 So. 3d 1290 (Schumacher 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.

Bluebook

Schumacher v. State, 127 So. 3d 1290, 2013 WL 6636232, 2013 Fla. App. LEXIS 19912 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

We find no merit in appellant’s argument concerning his sentence for Count I, DUI manslaughter. We do find, however, the judgment and sentence incorrectly adjudicates him guilty of Count II, leaving the scene of a crash involving death, a count for which the jury found him not guilty. We, therefore, remand to the trial court for correction of the judgment and sentence to remove the erroneous adjudication of guilt as to the second count and to correct the errors in the order on probation.

LEWIS, C.J., WOLF and MAKAR, JJ., concur.

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PER CURIAM.

We find no merit in appellant’s argument concerning his sentence for Count I, DUI manslaughter. We do find, however, the judgment and sentence incorrectly adjudicates him guilty of Count II, leaving the scene of a crash involving death, a count for which the jury found him not guilty. We, therefore, remand to the trial court for correction of the judgment and sentence to remove the erroneous adjudication of guilt as to the second count and to correct the errors in the order on probation.

LEWIS, C.J., WOLF and MAKAR, JJ., concur.

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Bluebook (online)

127 So. 3d 1290, 2013 WL 6636232, 2013 Fla. App. LEXIS 19912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schumacher-v-state-fladistctapp-2013.