526 So. 2d 723 | Fla. Dist. Ct. App. | 1988
The defendant was charged and convicted of manslaughter by operating a motor vehicle while intoxicated, in violation of Section 316.1931(1), (2)(c), Florida Statutes (1985),
We find no error in the trial court’s admission of the results of a blood alcohol test administered to the defendant because, contrary to the defendant’s contention, (1) the objective facts and circumstances of the defendant’s condition and the vehicular accident known to the law enforcement officer who ordered the blood test gave him probable cause to believe that the defendant’s operation of her vehicle while intoxicated caused the other driver’s death, see § 316.1933(1), Fla. Stat. (1985); Jackson v. State, 456 So.2d 916 (Fla. 1st DCA 1984); and (2) the State laid a proper foundation for the admission of this evidence. However, as the State candidly concedes, there being only one homicide, the defendant cannot be convicted for both the second-degree felony of D.W.I. manslaughter and the
Reversed and remanded.
. Originally codified at Section 860.01(1), (2), Florida Statutes (1981), Section 316.1931 was repealed by Chapter 86-296, Section 13, Laws of Florida (effective October 1, 1986), and replaced by Section 316.193, Florida Statutes (Supp. 1986). The offense in the present case occurred in April 1986.
. It appears that in Grata v. State, 414 So.2d 621 (Fla. 3d DCA 1982), this court affirmed convictions for both D.W.I. manslaughter and vehicular homicide as to a single death. On this issue. Grata has been overruled sub silentio by Houser, 474 So.2d 1193.