KELLY v. STATE

No. 73-185.

293 So.2d 786 (1974)

Wendell L. KELLY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 20, 1974.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Bennett H. Brummer, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before CARROLL, HENDRY and HAVERFIELD, JJ.


PER CURIAM.

Appellant, defendant in the trial court, seeks review of a judgment and sentence of ten years in the state penitentiary for manslaughter by culpable negligence.

The state charged appellant with four counts of manslaughter: two by driving while intoxicated; and two by culpable negligence. The jury returned its verdict finding appellant guilty only of the latter two charges.

The facts viewed most favorably to the state on an appeal from a...

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