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Florida District Courts of Appeal, 1986

Hensley v. State

Hensley v. State
Florida District Courts of Appeal · Decided July 25, 1986 · No. 85-748 · Grimes, Lehan, Sanderlin
493 So. 2d 22; 11 Fla. L. Weekly 1633; 1986 Fla. App. LEXIS 9035 (Southern Reporter, Second Series)
Hensley v. State

Opinion of the Court

SANDERLIN, Judge.

Hensley appeals from the trial court’s imposition of judgment and sentences for DWI manslaughter and vehicular homicide. He raises four points on appeal; one merits discussion.

*23After deliberation, the jury found Hensley guilty of DWI manslaughter (Count I) and vehicular homicide (Count II). He was sentenced to five years with credit time on Count I and five years with credit time on Count II, sentences to run concurrently. Since this case involved a single death, it was improper for the trial court to impose sentences for both DWI manslaughter and vehicular homicide. Houser v. State, 474 So.2d 1193 (Fla. 1985).

Accordingly, we affirm the conviction and sentence for DWI manslaughter, but reverse the judgment and sentence for vehicular homicide.

GRIMES, A.C.J., and LEHAN, J., concur.

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