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LODSON v. STATE

No. 85-351.

478 So.2d 477 (1985)

Frederick W. LODSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 13, 1985.

Attorney(s) appearing for the Case

Robert H. Dillinger of Dillinger & Swisher, P.A., St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Judge.

The state charged appellant Frederick W. Lodson with D.U.I. manslaughter. He pled not guilty and a jury found him guilty of vehicular homicide. Lodson unsuccessfully challenged that verdict by a motion for arrest of judgment. He contended that vehicular homicide was not a lesser included offense of the crime for which he was prosecuted. On March 2, 1983, the trial court sentenced him to three years imprisonment. He appealed to this court, but

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