Motion In Arrest of Judgment - Vehicular Homicide
In State v. Altamura, 676 So. 2d 29 (Fla. 2d DCA 1996) the Second District Court of Appeal explained that vehicular homicide "may be a category two permissive lesser included offense" of DUI manslaughter "if its elements are both alleged in the accusatory pleading and proven at trial." Id. at 30.
In order to encompass vehicular homicide in the information, the information must address the "essential allegation that the vehicle was operated 'in a reckless manner likely to cause the death of, or great bodily harm to, another person.'" Id. at 31.
In Altamura, the information charging DUI manslaughter did not contain that allegation, thus the trial court correctly granted the defendant's motion in arrest of judgment. Id.