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STATE v. ARMSTRONG

No. 88-1092.

547 So.2d 1293 (1989)

STATE of Florida, Appellant/Cross-Appellee, v. Carlos ARMSTRONG, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

August 31, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellant/cross-appellee.

Flem K. Whited, III, Lambert & Whited, Daytona Beach, for appellee/cross-appellant.

COWART, Judge.

The defendant's conviction and sentence for both DUI manslaughter,1 a second degree felony, and vehicular homicide,2 a third degree felony, for causing a single death, violated the defendant's constitutional double jeopardy rights3 and constitutes fundamental error.4 Therefore, the judgment of conviction for vehicular homicide

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