SHAMIR J. SUBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's convictions for manslaughter and vehicular homicide arising from a single homicide were vacated because the trial court adjudicated and sentenced him only for DUI manslaughter, making the additional convictions duplicative and improper.
When a single homicide gives rise to multiple convictions but the trial court adjudicates guilt and imposes sentence for only one offense, the duplicate convictions must be vacated.
[1] A single homicide cannot support multiple convictions when the trial court adjudicates guilt and imposes sentence for only one offense; duplicate convictions must be vaca…
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Join FLexlaw to unlock all legal intelligenceShamir J. Súber was convicted by jury of manslaughter, vehicular homicide, DUI manslaughter, fleeing or attempting to elude an officer, possession of …
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MONACO, J.
The appellant, Shamir J. Súber, raises numerous issues on appeal from the judgments and sentences imposed on him after his conviction by jury trial of manslaughter, vehicular homicide, DUI manslaughter, fleeing or attempting to elude an officer at high speed or with wanton disregard, possession of cocaine with the intent to sell or deliver, and throwing a deadly missile at, within, or into a building. We conclude that only one issue' has merit.
The single homicide that formed the basis of this case gave rise to three separate charges and three separate convictions. Although Mr. Súber was convicted of manslaughter and vehicular homicide, the court neither adjudged him guilty of those offenses, nor sentenced him for them. Instead, the trial court adjudicated him guilty of DUI manslaughter, and imposed a sentence for the homicide only with respect to that offense. The State concedes, and we agree, that the convictions for manslaughter and vehicular manslaughter should be vacated. See Houser v. State, 474 So. 2d 1193 (Fla.1986).
Accordingly, we affirm the judgments and-sentences in all respects, except that we vacate the convictions for manslaughter and vehicular homicide.
AFFIRMED in part, and REVERSED in part.
GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ramsey v. State, 474 So. 2d 1193 (Fla. 1985)
- Houser v. State, 474 So. 2d 1193 (Fla. 1985)