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HEMBREE v. STATE

No. 5D00-1531.

790 So.2d 590 (2001)

Vernon HEMBREE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 3, 2001.

Attorney(s) appearing for the Case

Flem K. Whited, III, of Whited, Fuller & Miller, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Hembree appeals from his convictions and sentences for DUI/manslaughter1 and two counts of DUI causing injury.2 This case arose out of an automobile accident on April 18, 1999, in which Hembree was involved as a driver. One person was killed and two others were injured. We reverse for a new trial.

Over defense objection, the trial court instructed the jury on the statutory presumptions...

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