CUNNINGHAM v. STATE

No. 98-1365.

739 So.2d 1200 (1999)

David Michael CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 30, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


PETERSON, J.

David Michael Cunningham appeals his conviction for felony DUI. § 316.193(2)(b), Fla. Stat. (1997). We affirm.

One of the points raised by the appellant does merit discussion. The trial court instructed the jury that they could convict appellant if they found either that Cunningham's normal faculties were impaired by alcohol or if he had a blood alcohol level (BAL) of .08 percent or higher. Subsequent to his stop for suspicion of a DUI offense...

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