LOPEZ v. STATE

No. 85-270.

478 So.2d 1110 (1985)

Gustavo LOPEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 18, 1985.


Attorney(s) appearing for the Case

Bierman, Sonnett, Shohat & Sale and Ira N. Loewy, for appellant.

Jim Smith, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and JORGENSON, JJ.


BASKIN, Judge.

We affirm Lopez's conviction for DUI manslaughter. In reaching our decision, we reject Lopez's contention that expert testimony based on the alcohol absorption rate of the average person rather than on Lopez's own rate should have been excluded as premised upon insufficient data. § 90.705(2), Fla. Stat. (1983).

The trial court has wide discretion concerning the admissibility of evidence, and a ruling admitting evidence will not be disturbed...

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