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Wright v. State

530 So. 2d 360, 13 Fla. L. Weekly 1786, 1988 Fla. App. LEXIS 3408, 1988 WL 76414
Procedural entryThis page is a short order in Wright v. State. Read the opinion of the Court — 11 Fla. L. Weekly 985 →
District Court of Appeal of Florida·Decided July 28, 1988·No. No. 87-1797·Published

Opinion

DAUKSCH, Judge.

This is an appeal from a sentence in a case involving leaving the scene of an automobile accident where a death and an injury occurred. By leaving the scene he failed [361]*361to stop and render aid to persons critically and fatally injured. Because appellant was convicted of only one count he cannot receive two sentences, one of five years incarceration (the maximum statutory punishment) and the other probation upon his release from prison. The probation term is hereby vacated.

We find no reversible error in the departure sentence.

SENTENCE AFFIRMED AS MODIFIED.

SHARP, C.J., and COWART, J., concur.

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Wright v. State, 530 So. 2d 360, 13 Fla. L. Weekly 1786, 1988 Fla. App. LEXIS 3408, 1988 WL 76414 (Fla. Ct. App. 1988).

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