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MILLER v. STATE

No. 76-763.

339 So.2d 1129 (1976)

Franklin D. MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 19, 1976.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Jon J. Hall, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant was charged by a two-count information with (1) manslaughter while intoxicated in violation of Section 860.01, Florida Statutes, and (2) manslaughter by culpable negligence in violation of Section 782.07, Florida Statutes. He was tried by a jury which found him guilty as charged on both counts. The trial court adjudicated him guilty on both counts and sentenced him for a term of:

"... ten (10) years as to Count One: one (1) year as to...

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