Cheri R. Granger v. State , 237 So. 3d 486 ( 2018 )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CHERI ROSE GRANGER,
Appellant,
v. Case No. 5D16-3406
STATE OF FLORIDA,
Appellee.
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Opinion filed March 2, 2018
Appeal from the Circuit Court
for Orange County,
Alan S. Apte, Judge.
James S. Purdy, Public Defender, and
Ailene S. Rogers, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Rebecca Roark Wall,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Appellant, Cheri Rose Granger, timely appeals her convictions by jury verdict for
DUI manslaughter, vehicular homicide, driving while license suspended and DUI with
property damage. We reverse her conviction for vehicular homicide, and otherwise affirm.
Appellant argues that convictions for both DUI manslaughter and vehicular
homicide based upon a single death cannot stand because they violate her constitutional
right to be free from double jeopardy, citing Houser v. State, 474 So. 2d 1193 (Fla. 1985),
and State v. Chapman, 625 So. 2d 838 (Fla. 1993). The State concedes error, and based
upon our supreme court’s precedent, we agree. Accordingly, we order the trial court to
vacate Appellant’s conviction for vehicular homicide. See Aguirre v. State, 159 So. 3d
1033, 1033 (Fla. 1st DCA 2015); Ivey v. State, 47 So. 3d 908, 911 (Fla. 3d DCA 2010).
We affirm Appellant’s conviction and sentence for DUI manslaughter, as well as her other
convictions and sentences for driving while license suspended and DUI with property
damage.
AFFIRMED in part; REVERSED in part; and REMANDED.
PALMER, EDWARDS and EISNAUGLE, JJ., concur.
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