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Deviney v. State

District Court of Appeal of Florida, Fourth District
May 15, 1991
579 So. 2d 373 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1297.

May 15, 1991.

Appeal from the Circuit Court, Palm Beach County, Peter Evans, J.

Joseph Jordan, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


The sole issue on appeal is whether the charge of misdemeanor driving under the influence (§ 316.193(1), Florida Statutes), in one count of an amended information, is a lesser included offense of driving under the influence with an accident (§ 316.193(3)(a), Florida Statutes) in a separate count arising out of the same arrest. We conclude that it is and that appellant has been sentenced twice for the same offense. Cf. Satterfield v. State, 553 So.2d 793 (Fla. 1st DCA 1989). We do not address any question of whether the result in this case might have been different had the state not amended the initial charge in count I and had the state and court not agreed that the issue was preserved for appeal. Therefore, the judgment and sentence are reversed as to count I. Upon remand, an amended judgment and sentence shall be entered as to count II.

DOWNEY, STONE and POLEN, JJ., concur.


Summaries of

Deviney v. State

District Court of Appeal of Florida, Fourth District
May 15, 1991
579 So. 2d 373 (Fla. Dist. Ct. App. 1991)
Case details for

Deviney v. State

Case Details

Full title:BRENT KEITH DEVINEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 15, 1991

Citations

579 So. 2d 373 (Fla. Dist. Ct. App. 1991)

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