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JIMENEZ v. STATE

No. 3D99-218.

764 So.2d 933 (2000)

Francisco S. JIMENEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 23, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

Francisco S. Jimenez appeals his conviction of manslaughter. We affirm in part and reverse in part.

As to point I, the trial court acted within discretion in ruling that the toxicology report showing the level of the victim's intoxication could not be brought into evidence without the establishment of a proper predicate showing the evidence to be relevant to an issue in the case. See Diaz v. State, 747 So.2d 1021

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