Colon v. State, 738 So. 2d 1023 (Fla. 4th DCA 1999). · Go Syfert
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Colon v. State, 738 So. 2d 1023 (Fla. 4th DCA 1999). Cases Citing This Book View Copy Cite
6 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Binda v. State (fladistctapp, 2011-12-14)
Top citers, strongest first. 5 distinct citers.
cited Cited "see" Binda v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Colon v. State, 738 So.2d 1023 (Fla. 4th DCA 1999).
discussed Cited "see" Cooper v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Colon v. State, 738 So.2d 1023, 1024 (Fla. 4th DCA 1999); Brooks v. State, 969 So.2d 238, 243 (Fla.2007) (“[I]f the trial court could have imposed the same sentence using a correct scoresheet, any error was harmless.”).
discussed Cited "see" Labovick v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Colon v. State, 738 So.2d 1023 (Fla. 4th DCA 1999) (holding that claim for re-sentencing based on corrected scoresheet was without merit "as the new score remains in the same bracket and is essentially de minimis "); Sanders v. State, 621 So.2d 723, 728 (Fla. 5th DCA 1993) (same).
discussed Cited "see" Gill v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Colon v. State, 738 So.2d 1023 (Fla. 4th DCA 1999) (conviction for one count of misdemeanor DUI reversed because a charge of misdemeanor DUI “is a lesser included offense of DUI with an accident,” which would allow a defendant to be sentenced twice for the same offense).
cited Cited "see, e.g." Edwards v. State
Fla. Dist. Ct. App. · 2000 · signal: see also · confidence low
See also McGillis v. Department of Children & Family Servs., 738 So.2d 1023 (Fla. 3d DCA 1999).
Angel COLON, Appellant,
v.
STATE of Florida, Appellee.
98-3609.
District Court of Appeal of Florida, Fourth District.
Aug 18, 1999.
738 So. 2d 1023
Rothschild.
Cited by 4 opinions  |  Published

Roland Anthony Ulloa and F.C. Hutchinson, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.

ROTHSCHILD, RONALD J., Associate Judge.

We affirm appellant's conviction for two counts of driving under the influence ("D.U.I.") with serious bodily injury and two counts of D.U.I.") with injury to property or person. See Melbourne v. State, 679[*1024] So.2d 759, 765 (Fla.1996) (a defendant's right against double jeopardy is not violated where he is charged and convicted of multiple counts of D.U.I. with injury or property damage arising out of a single episode).

We reverse, however, appellant's conviction for one count of misdemeanor D.U.I. In Deviney v. State, 579 So.2d 373, 373 (Fla. 4th DCA 1991), the court held that a conviction for driving under the influence must be reversed where the defendant was also convicted of D.U.I. with serious bodily injury arising out of the same incident. A charge of misdemeanor driving under the influence "is a lesser included offense of driving under the influence with an accident," which would allow a defendant to be sentenced twice for the same offense. Id.; see also Collins v. State, 578 So.2d 30, 32 (Fla. 4th DCA 1991), receded from on other grounds by Jackson v. State, 634 So.2d 1103 (Fla. 4th DCA 1994).

The appellant's claim for re-sentencing based upon the corrected scoresheet is without merit, as the new score remains in the same bracket and is essentially de minimis. See Sanders v. State, 621 So.2d 723, 728 (Fla. 5th DCA 1993).

Affirmed in part; reversed in part.

SHAHOOD and TAYLOR, JJ., concur.