REED v. STATE

No. 90-00066.

579 So.2d 198 (1991)

Richard Charles REED, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 22, 1991.


Attorney(s) appearing for the Case

Denis M. de Vlaming, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Judge.

We affirm the appellant's conviction of DUI and leaving the scene of an accident involving injury. Although the conviction can be affirmed, the sentence must be reversed. This court has held that where the information failed to allege all the proper elements of the crime charged, the court cannot sentence the defendant on the more serious crime. Helmick v. State, 569 So.2d 869 (Fla. 2d DCA 1990).

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