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WEST v. STATE

No. 98-2709.

745 So.2d 414 (1999)

Thomas WEST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 29, 1999.

Attorney(s) appearing for the Case

David A. Wasserman, Winter Park, H. Louis Sirkin, Laura A. Abrams, and Daniella A. Westermeyer, of Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Thomas West appeals his convictions for the crimes of DUI manslaughter and driving while license suspended. He contends that the lower court erred in denying his motion for judgment of acquittal because the State failed to offer evidence inconsistent with his reasonable hypothesis of innocence, specifically that his girlfriend, who died in the crash, was driving or that some unknown third person was the driver. The State plainly met its burden to introduce...

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