STATE v. MANNO

No. 88-749.

550 So.2d 31 (1989)

The STATE of Florida, Appellant, v. William MANNO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 6, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

Before NESBITT, BASKIN and COPE, JJ.


PER CURIAM.

William Manno was charged with manslaughter (Count I) and manslaughter by operating a motor vehicle while intoxicated (Count II). A jury found Manno guilty of vehicular homicide, a lesser included offense of Count I and not guilty of Count II. Manno filed a motion for new trial alleging that the trial court erred in failing to instruct the jury on the charge of reckless driving as he had requested. The state conceded that reckless driving is a necessarily...

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