ROGER DALE PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1028] PER CURIAM.
We affirm appellant's conviction and sentence for DUI manslaughter. In regard to the first three issues raised by-appellant, case law has interpreted Section 316.193(3), Florida Statutes (1989), as requiring proof of only simple negligence to support a DUI manslaughter conviction. See Magaw v. State, 537 So. 2d 564, 567 (Fla.1989); Murphy v. State, 578 So. 2d 410, 411 (Fla. 4th DCA 1991); Kurtz v. State, 564 So. 2d 519, 522 n. 10 (Fla. 2d DCA 1990). Here, the totality of the evidence presented combine to make the case sufficient for submission to the jury and affirmance of the conviction. Compare Bouchard v. State, 556 So. 2d 1215 (Fla. 2d DCA 1990) (“close” case that could have led to jury acquittal of DUI manslaughter charge yielded “triable” issue of causation).
As for the alleged discovery violation regarding appellant’s prior convictions, appellant’s objection was untimely and therefore properly denied. Sykes v. State, 329 So. 2d 356, 358 (Fla. 1st DCA 1976) (motion to exclude photographs on discovery violation ground made after the photos were admitted into evidence properly denied as untimely).
AFFIRMED.
ERVIN, WIGGINTON and WOLF, JJ., concur.
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State v. Van Hubbard, 751 So. 2d 552 (Fla. 1999)…DUI manslaughter, the state must prove that the defendant was negligent and that this negligence was a contributing cause of the death. See Foster v. State, 603 So. 2d 1312 (Fla. 1st DCA 1992), rev. denied, 613 So. 2d 4 (Fla.1993); Parker v. State, 590 So. 2d 1027 (Fla. 1st DCA 1991), rev. denied, 599 So. 2d 1279 (Fla.1992). In Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991), disapproved on other grounds, State v. Chapman, 625 So. 2d 838 (Fla. 1993), we recognized, distinguishing DUI manslaughter from veh…
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Foster v. State, 603 So. 2d 1312 (Fla. 1st DCA 1992)…xtent that his or her normal faculties were impaired, or had a blood alcohol level of 0.10 percent or higher; and that simple negligence on the part of the defendant while operating the vehicle was a cause of the victim’s death. See Parker v. State, 590 So. 2d 1027 (Fla. 1st DCA 1991); Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991); Kurtz v. State, 564 So. 2d 519 (Fla. 2d DCA 1990). See also United States v. Sasnett, 925 F. 2d 392 (11th Cir.1991) (applying Florida law, pursuant to the Assimilative Crimes…
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Melvin v. State, 677 So. 2d 1317 (Fla. 4th DCA 1996)…DUI manslaughter, the state must prove that the defendant was negligent and that this negligence was a contributing cause of the death. See Foster v. State, 603 So. 2d 1312 (Fla. 1st DCA 1992), rev. denied, 613 So. 2d 4 (Fla.1993); Parker v. State, 590 So. 2d 1027 (Fla. 1st DCA 1991), rev. denied, 599 So. 2d 1279 (Fla.1992). In Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991), disapproved on other grounds, State v. Chapman, 625 So. 2d 838 (Fla.1993), we recognized, distinguishing DUI manslaughter from vehi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Magaw v. State, 537 So. 2d 564 (Fla. 1989)
- Kurtz v. State, 564 So. 2d 519 (Fla. 2d DCA 1990)
- George v. State, 329 So. 2d 356 (Fla. 1st DCA 1976)
- Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991)
- Bouchard v. State, 556 So. 2d 1215 (Fla. 2d DCA 1990)