Aleman v. State

Jose Aleman seeks review of the trial court’s upward departure from the sentencing guidelines. Aleman was involved in a car accident which resulted in death of the driver of the other car. Aleman was charged with manslaughter by operating a motor vehicle while intoxicated, § 316.1931, Fla.Stat. (1985), and with leaving the scene of an accident involving personal injury, § 316.027, Fla.Stat. (1985). He entered a plea of nolo contendere to count II and proceeded to trial on count I. The jury found him not guilty of count I. The trial court adjudicated Aleman guilty of leaving the scene of an…