BAKER v. STATE

No. 52676.

377 So.2d 17 (1979)

Daniel BAKER, a/K/a Danny Herbert Baker, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

November 15, 1979.


Attorney(s) appearing for the Case

Janice G. Scott and John D.C. Newton, II, Asst. Public Defenders, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Charles A. Stampelos, Asst. Atty. Gen., Tallahassee, for appellee.


SUNDBERG, Justice.

This is a direct appeal from an order of the Circuit Court for Duval County upholding the constitutionality of section 860.01(2), Florida Statutes (1977), commonly referred to as the "DWI manslaughter statute." Our jurisdiction is based on article V, section 3(b)(1), Florida Constitution.

On June 17, 1977, appellant, Daniel Baker, was traveling north on San Jose Boulevard in Duval County. Baker approached another vehicle which was also traveling...

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