RODRIGUEZ v. STATE

No. 5D02-26.

837 So.2d 478 (2002)

Zeferino Ortiz RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 12, 2003.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The Appellant, Rodriguez, caused a two-car accident in which one person was killed and several others were injured. The van Rodriguez was driving contained two beer bottles between the driver and passenger seats. One of the beer bottles was open and the bottles were cold to the touch. Another cold beer bottle was on the ground near the van. Rodriguez had a strong odor of alcohol.

A state trooper, Gikas, investigated at the scene and spoke with witnesses...

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