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Florida District Courts of Appeal, 1984

Spillane v. State

Spillane v. State
Florida District Courts of Appeal · Decided November 7, 1984 · Downey, Hurley, Letts
458 So. 2d 838; 9 Fla. L. Weekly 2320; 1984 Fla. App. LEXIS 15758 (Southern Reporter, Second Series)

Spillane v. State

Opinion of the Court

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.

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