Legal Opinion

Aguirre v. State

District Court of Appeal of Florida

Decided March 31, 2015No. 1D13-6060PublishedCited by 1 opinion

1Per curiam

Appellant, Margarito Curiel-Aguirre, appeals a conviction for vehicular homicide and certain discretionary costs. We reverse and remand.

Appellant was found guilty of DUI manslaughter and vehicular homicide. The trial court agreed that the dual convictions violated the prohibition against double jeopardy, but neglected to then vacate the conviction foy vehicular homicide. The state concedes error on appeal. Accordingly, we order the lower court to vacate the conviction for vehicular manslaughter. See Del Risco v. State, 96 So.3d 1159 (Fla. 3d DCA 2012).

Appellant also challenges the imposition…

2Cases cited5 opinions

  1. Nix v. StateDistrict Court of Appeal of Florida · 2012
  2. Keel v. StateDistrict Court of Appeal of Florida · 2012
  3. Jones v. StateDistrict Court of Appeal of Florida · 2013
  4. Coates v. StateDistrict Court of Appeal of Florida · 2013
  5. Del Risco v. StateDistrict Court of Appeal of Florida · 2012

3Cited by1 opinion

  1. Cheri R. Granger v. StateDistrict Court of Appeal of Florida · 2018

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