Reed v. State

RYDER, Judge.

We affirm the appellant’s conviction of DUI and leaving the scene of an accident involving injury. Although the conviction can be affirmed, the sentence must be reversed. This court has held that where the information failed to allege all the proper elements of the crime charged, the court cannot sentence the defendant on the more serious crime. Helmick v. State, 569 So.2d 869 (Fla. 2d DCA 1990).

Section 316.193, Florida Statutes (1987), provides for periods of incarceration in excess of six months if the state alleges and it is proven at trial that the defendant is a repeat…