State v. Schumacher
State v. Schumacher
Opinion of the Court
The State of Florida appeals from a sentence imposed on appellee, Joseph Schumacher, after his conviction for DUI manslaughter. The State asserts that the sentence is illegal because it does not include a minimum mandatory prison sentence of four years. We agree and remand for resentencing to include the minimum mandatory term.
On February 4, 2011, appellee was convicted by a jury of DUI manslaughter. The trial court conducted a sentencing hearing on April 25, 2011. The court adjudicated appellee guilty and sentenced him to two years of community control, followed by eight years of probation that included a number of special conditions. The State timely appealed.
Section 316.193(3), Florida Statutes (2009), states, “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment for 4 years.”
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.