STATE v. YOUNG

No. 77-757.

357 So.2d 416 (1978)

STATE of Florida, Appellant, v. James Benny YOUNG, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 7, 1978.


Attorney(s) appearing for the Case

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

M. David Alexander of Boswell, Boswell & Conner, Bartow, for appellee.


SCHEB, Judge.

In a prosecution for reckless operation of a motor vehicle resulting in death, can the state charge a defendant under the general manslaughter statute, or must he be charged under the vehicular homicide statute having a less severe penalty? The trial court concluded it was incumbent upon the state to charge a defendant under the vehicular homicide statute. We agree.

The state's amended information charged defendant Young with manslaughter arising...

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