Francisco-Augustin v. State
Francisco-Augustin v. State
Opinion of the Court
Appellant was sentenced on his plea of no contest to two counts of DUI manslaughter, leaving the scene of an accident involving death, and DUI with serious bodily injury. He argues that it was error for a portion
The state concedes and we agree that under the authority of Rozmestor v. State, 381 So.2d 324 (Fla. 5th DCA 1980), such a sentence is erroneous. The parties dispute, however, whether or not the trial court may impose anything other than a concurrent sentence on remand. We decline to address this issue in advance of the trial court’s resen-tencing, as it would be premature.
. The oral pronouncement was that 9.2 years of the 15 years would be consecutive; however, the written sentence says 8.86 years. Because of our reversal, this discrepancy becomes moot.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.