AMERICO JAMES CESARIO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida District Court of Appeal affirmed a conviction for manslaughter by driving while intoxicated. The court found sufficient evidence of intoxication to support the conviction, even when excluding potentially questionable evidence.
Yes, the evidence was sufficient to support the conviction. The court found ample evidence of intoxication, even if some of the challenged evidence was excluded.
“Our examination of the record reveals there was ample if not overwhelming evidence of intoxication of the appellant, based on observation of him at or shortly after the time of the occurrence, to support the conviction.”
establishes the court's finding of sufficient evidence for conviction.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant was charged with manslaughter for causing a death while driving intoxicated. He was tried without a jury, found guilty, and sentenced to…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Cumulative Evidence cases and more on FLexlaw
The appellant Americo James Cesario was informed against for manslaughter by an information which charged that he caused the death of one Jack Monroe Simming-ton by driving a motor vehicle while intoxicated. He was tried without a jury, found guilty and sentenced to be confined in the county jail for two years, with credit allowed for the time in jail awaiting trial.
This appeal by the defendant, taken through the public defender, presents a number of points. The first challenges the sufficiency of the evidence. Our examination of the record reveals there was *897ample if not overwhelming evidence of intoxication of the appellant, based on observation of him at or shortly after the time of the occurrence, to support the conviction. Appellant’s additional arguments relate principally to contentions of incompetency of certain evidence relating to intoxication based on observations made some hours after the incident and on a drunk-o-meter reading taken later. Without according merit to those contentions, as related to this record, such evidence was cumulative, and, as we have pointed out above, there was other direct and timely evidence ample to support the charge.
Accordingly the judgment appealed from is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thadeaus R. Culberson v. State, 210 So. 2d 248 (Fla. 2d DCA 1968)…other competent evidence to the same effect. Cf. Atlantic Coast Line R. R. v. Hilborn, Fla.App.1967, 195 So. 2d 596, 598; Casso v. State, Fla.App.1966, 182 So. 2d 252, 257, cert. denied mem., Fla.1966, 192 So. 2d 487; Cesario v. State, Fla.App.1964, 167 So. 2d 896, 897; Williamson Candy Co. v. Lewis, Fla.App. 1962, 144 So. 2d 522-523. The fact that pneumonia had caused Mr. Griffin’s death was clearly established by the results of the examinations conducted by Dr. Shinner personally. Dr. Shinner stated specifi…