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LABOVICK v. STATE

No. 4D06-2498.

958 So.2d 1065 (2007)

Stephen LABOVICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 2007.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

Defendant appeals his convictions for DUI manslaughter/failure to render aid and DUI, arguing that convictions for both offenses violate double jeopardy principles, because the statutory elements of DUI are subsumed by the greater offense of DUI manslaughter/failure to render aid. We agree and vacate appellant's DUI conviction.

Defendant was charged by information with: DUI Manslaughter and Failure to...

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