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HENNINGER v. STATE

No. 95-644.

667 So.2d 488 (1996)

Kenneth L. HENNINGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 6, 1996.

Attorney(s) appearing for the Case

Drew S. Pinkerton of Smith, Grimsley, Bauman, Pinkerton, Petermann, Saxer & Wells, Ft. Walton Beach, for Appellant.

Robert A. Butterworth, Attorney General; Stephen R. White, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Kenneth L. Henninger appeals his single conviction and sentence for DUI, after being charged with and acquitted by a jury of the greater offenses of DUI manslaughter and DUI involving simple injury in connection with a head-on collision in which the driver of the other vehicle was fatally injured. We affirm the conviction and sentence, except for the restitution requirement which we are constrained to reverse.

In affirming, we agree with the trial...

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