Gabriel DEL RISCO, Appellant, v. The STATE of Florida, Appellee
Florida District Court of Appeal
· September 19, 2012 · Docket No. 3D11-1513
96 So. 3d 1159
Syllabus
Gabriel DEL RISCO, Appellant, v. The STATE of Florida, Appellee. No. 3D11-1513. District Court of Appeal of Florida, Third District. Sept. 19, 2012. Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee. Before, CORTEÑAS, ROTHENBERG and FERNANDEZ, JJ.
Full Opinion (650 characters)
ON CONFESSION OF ERROR PER CURIAM. Defendant, Gabriel Del Risco, appeals three convictions for manslaughter arising from a judgment and sentence, entered upon a plea of guilty, wherein he was also convicted for three counts of DUI manslaughter. Based upon appellee, the State of Florida’s, confession of error, we order that the convictions for manslaughter be vacated and remand for further proceedings in the trial court. See Ivey v. State, 47 So.3d 908, 911 (Fla. 3d DCA 2010) (“[T]he defendant’s convictions for both vehicular homicide and DUI manslaughter cannot stand as they violate double jeopardy.”). Reversed and remanded with instructions.
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