Opinion
No. 92-336.
September 25, 1992.
Appeal from the Circuit Court for Orange County; Michael F. Cycmanick, Judge.
James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
Chapman was convicted of both DUI manslaughter and vehicular homicide, sections 316.193 and 782.071, Florida Statutes (1991). Both offenses resulted from a single automobile accident. We must vacate the conviction and sentence for vehicular homicide based upon the decisions in Houser v. State, 474 So.2d 1193 (Fla. 1985), and Logan v. State, 592 So.2d 295 (Fla. 5th DCA 1991), dismissed, 599 So.2d 656 (Fla. 1992). We affirm the conviction for DUI manslaughter and remand for resentencing.
VACATED in part; AFFIRMED in part; REMANDED.
GOSHORN, C.J., and W. SHARP and PETERSON, JJ., concur.