HOWARD S. BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HOWARD S. BROOKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
577 So. 2d 680
Florida District Court of Appeal, Fourth District (1991)
Caution
Cited by 30 cases
Opinion of the Court
LETTS, Judge.
In this case in which the defendant was found guilty of DUI manslaughter, the jury was instructed that the presence of “.10 per cent or more by weight of alcohol in the [defendant’s] blood ... shall be pri-ma facie evidence that the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired.” We reverse.
We must follow the dictates of the Florida Supreme Court which recently has unequivocally held that such an instruction is reversible error. Wilhelm v. State, 568 So. 2d 1 (Fla.1990).
We reverse and remand for a new trial.
REVERSED AND REMANDED.
GUNTHER and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. LEE, 583 So. 2d 1055 (Fla. 4th DCA 1991)…the students are not ambulatory, and some are in wheelchairs and cribs. Reading, writing, and math are «not taught at the school. The faculty is comprised of teachers certified in mental retardation, with the aid of assistants. In State v. Roland, 577 So. 2d 680 (Fla. 4th DCA 1991), this court determined that the common meaning of the word “elementary school” is the first through the sixth grades. In Roland, this court concluded that the Morris Learning Center, a kindergarten/preschool, did not fall within…
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Dejerez v. State, 580 So. 2d 656 (Fla. 4th DCA 1991)…PER CURIAM. We reverse and remand for a new trial on the authority of Wilhelm v. State, 568 So. 2d 1 (Fla.1990) and Brooks v. State, 577 So. 2d 680 (Fla. 4th DCA 1991). We agree with appellant that driving under the influence and driving with an unlawful blood alcohol constitute alternative bases of the same statutory offense, and appellant can only be adjudicated for one offense. See Parrish v…
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Kemp v. State, 583 So. 2d 411 (Fla. 4th DCA 1991)…PER CURIAM. Reversed on the authority of State v. Roland, 577 So. 2d 680 (Fla. 4th DCA 1991). DOWNEY, GUNTHER and POLEN, JJ., concur.…
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- Wilhelm v. State, 568 So. 2d 1 (Fla. 1990)