5D99-2700 Richardson v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D99-2700

Case Date: 06/18/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001

GARY RICHARDSON, Appellant, v. CASE NO. 5D99-2700

STATE OF FLORIDA, Appellee. / Opinion filed June 22, 2001. Appeal from the Circuit Court for Volusia County, Richard B. Orfinger, Judge. James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, C.J. Richardson appeals his judgment and sentence for DUI manslaughter and raises two issues. His first complaint suggests that the standard jury instruction for this crime

substantively amends the DUI manslaughter statute. We affirm on the authority of State v. Van Hubbard, 751 So.2d 552, 558 (Fla. 1999)(noting that the standard jury instruction on DUI manslaughter "mirrors the DUI manslaughter statute in all material respects"). The

second complaint on appeal, that the state was not entitled to the statutory presumption of impairment because of the inadequacy of Rule 11D-8.012, Florida Administrative Code, is without merit. The jury was not instructed regarding the presumption that may attach pursuant to section 316.1934(2)(c), Florida Statutes (1999), thus there was no error. AFFIRMED. COBB and PLEUS, JJ., concur.

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