STATE v. YNOCENSCIO

No. 5D00-488.

773 So.2d 613 (2000)

STATE of Florida, Appellant, v. Robert YNOCENSCIO, Appellee.

District Court of Appeal of Florida, Fifth District.

December 8, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellant.

Keith Hammond, Port Richey, for Appellee.


HARRIS, J.

Ynocenscio was charged with vehicular homicide when he attempted to pass another vehicle in the fog and collided with a speeding motorcycle, killing the motorcyclist. The court dismissed the charges finding that there was no evidence that Ynocenscio had criminal intent. The trial court also seems to have found, based on conflicting evidence, that defendant's actions were at most negligent and, therefore, insufficient to justify the charge. We disagree and...

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