MASTRO v. STATE

No. 83-1815.

448 So.2d 626 (1984)

Gary Patrick MASTRO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 18, 1984.


Attorney(s) appearing for the Case

Tom Grogan, Naples, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

The issue in this case is whether vehicular homicide is a lesser included offense of DWI manslaughter. We find that vehicular homicide is not a Category 1 lesser included offense notwithstanding its designation as such in the Florida Standard Jury Instructions. The list of lesser included offenses in that publication is not binding. See Linehan v. State, 442 So.2d 244 (Fla. 2d DCA 1983); Bragg v. State,<...

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