SMITH v. STATE

No. 1D00-166.

793 So.2d 1118 (2001)

Lucretia S. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 6, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Leonard Holton, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Lori D. Stith, Assistant Attorney General, Tallahassee, for Appellee.


ALLEN, C.J.

The appellant in this direct criminal appeal challenges her conviction pursuant to section 316.193(3)(c)2, Florida Statutes. Because we conclude that this statutory provision does not authorize a conviction of DUI causing serious bodily injury where only the defendant driver has been injured, we reverse the appellant's conviction and remand this case for entry of judgment and imposition of sentence for the lesser included offense of driving under the influence...

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