GABRIEL DEL RISCO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2012-09-19
No. 3D11-1513
Before, CORTEÑAS, ROTHENBERG and FERNANDEZ, JJ.
96 So. 3d 1159 Florida District Court of Appeal, Third District (2012) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

ON CONFESSION OF ERROR

PER CURIAM.

Defendant, Gabriel Del Risco, appeals three convictions for manslaughter arising from a judgment and sentence, entered upon a plea of guilty, wherein he was also convicted for three counts of DUI manslaughter. Based upon appellee, the State of Florida’s, confession of error, we order that the convictions for manslaughter be vacated and remand for further proceedings in the trial court. See Ivey v. State, 47 So.3d 908, 911 (Fla. 3d DCA 2010) (“[T]he defendant’s convictions for both vehicular homicide and DUI manslaughter cannot stand as they violate double jeopardy.”).

Reversed and remanded with instructions.

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  • Margarito Curiel Aguirre v. State, 159 So. 3d 1033 (Fla. 1st DCA 2015)
    …ition against double jeopardy, but neglected to then vacate the conviction foy vehicular homicide. The state concedes error on appeal. Accordingly, we order the lower court to vacate the conviction for vehicular manslaughter. See Del Risco v. State, 96 So. 3d 1159 (Fla. 3d DCA 2012). Appellant also challenges the imposition of a discretionary fíne and surcharge that were not orally pronounced at the sentencing hearing. Such fines, pursuant to section 775.083, Florida Statutes (2012), cannot be announced as…

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