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REGISTER v. STATE

No. 90-2669.

582 So.2d 762 (1991)

Larry Doyle REGISTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 11, 1991.

Attorney(s) appearing for the Case

John F. Daniel, of Daniel & Komarek, Panama City, for appellant.

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty., for appellee.

ERVIN, Judge.

Appellant, Larry Doyle Register, was convicted of DUI manslaughter under Section 316.193, Florida Statutes (1989). The following instruction, which was taken almost verbatim from Section 316.1934(2)(c), Florida Statutes (1989), was given to the jury:

If you find from the evidence that the defendant had a .10 or more by weight of alcohol in his blood, it is prima facie evidence that the defendant was under the influence of alcoholic beverages...

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