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SERVIS v. STATE

No. 5D00-2957.

802 So.2d 359 (2001)

Dennis Wayne SERVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 26, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

Dennis Wayne Servis appeals his conviction for DUI manslaughter pursuant to section 316.193(3)(a)(b)(c)(3), Florida Statutes (1999). He was convicted after a trial in which instructions were given to the jury over his objection regarding statutory presumptions of impairment pursuant to section 316.1934(2), Florida Statutes (1999).

We must vacate the judgment of guilt and sentence because the Florida Supreme Court in State v. Miles,

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