Florida District Courts of Appeal, 2013

Schumacher v. State

Schumacher v. State
Florida District Courts of Appeal · Decided December 17, 2013 · Lewis, Makar, Wolf
127 So. 3d 1290; 2013 WL 6636232; 2013 Fla. App. LEXIS 19912 (Southern Reporter, Third Series)

Schumacher v. State

Opinion of the Court

PER CURIAM.

We find no merit in appellant’s argument concerning his sentence for Count I, DUI manslaughter. We do find, however, the judgment and sentence incorrectly adjudicates him guilty of Count II, leaving the scene of a crash involving death, a count for which the jury found him not guilty. We, therefore, remand to the trial court for correction of the judgment and sentence to remove the erroneous adjudication of guilt as to the second count and to correct the errors in the order on probation.

LEWIS, C.J., WOLF and MAKAR, JJ., concur.

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