PHILLIPS v. STATE

No. 72-630.

289 So.2d 769 (1974)

Robert L. PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 7, 1974.


Attorney(s) appearing for the Case

John L. Riley of Riley, Schowe & Saltsman, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


McNULTY, Acting Chief Judge.

Appellant was charged with manslaughter in two counts. Count one was predicated on culpable negligence in the operation of a motor vehicle and count two charged operating a motor vehicle while intoxicated. The victim was the same in each count. The trial court, in a non-jury trial, found appellant guilty on both counts and two concurrent sentences were imposed.

It undisputedly appears that appellant owned a Dodge "Super Bee" automobile...

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