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Deviney v. StateDeviney v. State

District Court of Appeal of Florida
May 15, 1991
No. 90-1297
Versions:579 So. 2d 373
1991 WL 76516
1991 Fla. App. LEXIS 4618
PER CURIAM.

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 *374remand, an amended judgment and sentence shall be entered as to count II.

DOWNEY, STONE and POLEN, JJ., concur.

Case Details

Case Name: Deviney v. State
Court Name: District Court of Appeal of Florida
Date Published: May 15, 1991
Citations: 579 So. 2d 373; 1991 WL 76516; 1991 Fla. App. LEXIS 4618; No. 90-1297
Docket Number: No. 90-1297
Court Abbreviation: Fla. Dist. Ct. App.
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