Spillane v. State

458 So. 2d 838 | Fla. Dist. Ct. App. | 1984

PER CURIAM.

We have considered all of the points raised by the appellant and find no reversible error demonstrated. However, we recognize that our holding that vehicular homicide is a lesser included offense of DWI manslaughter conflicts with a decision of the Second District Court of Appeal in Mastro v. State, 448 So.2d 626 (Fla. 2d DCA 1984).

AFFIRMED.

DOWNEY, LETTS and HURLEY, JJ., concur.