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MILLER v. STATE

No. 85-2635.

509 So.2d 1387 (1987)

Frank Phillip MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 29, 1987.

Attorney(s) appearing for the Case

Jerome L. Tepps of Tepps & Glerum, Fort Lauderdale, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Georgina Jiminez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant appeals the lower court's final judgment adjudicating him guilty of D.W.I. manslaughter (driving while intoxicated causing death, section 316.1931(2)(c), Florida Statutes (1985)). We find that one of appellant's points on appeal has merit.

The trial court denied appellant's request for a jury instruction on D.U.I. (driving under the influence). D.U.I. is proscribed in section 316.193, Florida Statutes (1985), and section 316.193(1)(a...

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