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FLEMING v. STATE

No. 93-818.

637 So.2d 945 (1994)

Richard Raymond FLEMING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 27, 1994.

Attorney(s) appearing for the Case

Robert J. Buonauro of Robert J. Buonauro, P.A., Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Fleming appeals his judgment and sentence after a jury convicted him of Count I, vehicular homicide;1 and Count II, DUI serious bodily injury.2 We affirm the judgment, but reverse the sentence for Count II in part.

The trial judge sentenced Fleming to five years in the DOC for the vehicular homicide conviction, and a consecutive five years on probation with the condition that Fleming...

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