Hurt v. State

Wallace Reid Hurt, Jr., who pled nolo con-tendere to DUI manslaughter, leaving the scene of an accident involving death, driving with a suspended license, and reckless driving, has appealed his judgment and sentence, raising six sentencing errors. On all but one issue, the state concedes error. We reverse and remand for resentencing consistent with this opinion.

First, the written judgment incorrectly reflects that Count III, driving with a suspended license, and Count IV, reckless driving, are felonies when, in fact, they are misdemeanors. §§ 316.192 and 322.34, Fla.Stat. (1993); Smith v.…