GONZALEZ v. STATE

No. 3D00-745.

777 So.2d 1068 (2001)

Eduardo Oropesa GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 12, 2001.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SHEVIN and SORONDO, JJ.


SHEVIN, Judge.

Eduardo Oropesa Gonzalez appeals a vehicular homicide conviction. We reverse and remand for a new trial.

Gonzalez was charged with manslaughter stemming from the death of a pedestrian. At trial, the state's theory was that the pedestrian died as a result of impact with Gonzalez's vehicle. The defense theory was that the pedestrian died when he was struck by another vehicle and that this impact propelled the body onto Gonzalez's automobile. The...

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