VAN HUBBARD v. STATE

No. 97-2666.

748 So.2d 288 (1998)

Frederick VAN HUBBARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 28, 1998.


Attorney(s) appearing for the Case

Robert R. Kimmel of Kimmel & Batson, Pensacola, for Appellant.

Robert A. Butterworth, Attorney General, and Stephen R. White, Assistant Attorney General, Tallahassee, for Appellee.


KAHN, Judge.

Appellant Frederick Van Hubbard appeals from his judgment and sentence for DUI manslaughter. He challenges the jury instruction used for DUI manslaughter and the improper admission into evidence of prior bad acts evidence. We reverse because the majority of courts that have considered the issue have concluded that simple negligence is an element of the crime of DUI manslaughter in Florida. We further find that the prior bad acts evidence was improperly...

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