STATE v. MILES

No. 97-3606.

732 So.2d 350 (1999)

STATE of Florida, Appellant, v. Michael Randy MILES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 16, 1999.


Attorney(s) appearing for the Case

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

Barry W. Beroset of Beroset & Keene, Pensacola, for Appellee.


JOANOS, J.

The State of Florida appeals an order in which the trial court ruled that the state will not be entitled to a presumption pursuant to section 316.1934, Florida Statutes (1995), in its prosecution of appellee on charges of driving under the influence of alcohol (DUI)/manslaughter, vehicular homicide, DUI causing personal injury, and DUI causing property damage. We affirm the trial court's ruling, with the proviso that the state will be entitled to the statutory...

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