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Florida District Courts of Appeal, 1988

Wright v. State

Wright v. State
Florida District Courts of Appeal · Decided July 28, 1988 · Cowart, Dauksch, Sharp
530 So. 2d 360; 13 Fla. L. Weekly 1786; 1988 Fla. App. LEXIS 3408; 1988 WL 76414 (Southern Reporter, Second Series)

Wright v. State

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a sentence in a case involving leaving the scene of an automobile accident where a death and an injury occurred. By leaving the scene he failed *361to stop and render aid to persons critically and fatally injured. Because appellant was convicted of only one count he cannot receive two sentences, one of five years incarceration (the maximum statutory punishment) and the other probation upon his release from prison. The probation term is hereby vacated.

We find no reversible error in the departure sentence.

SENTENCE AFFIRMED AS MODIFIED.

SHARP, C.J., and COWART, J., concur.

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