MCBRIDE v. STATE

No. 2D99-2629.

816 So.2d 656 (2002)

Joseph MCBRIDE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 20, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Joseph N. D'Achille, Jr., Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

This case is before us on remand from the Florida Supreme Court. Joseph McBride challenges his conviction for DUI manslaughter, which arose out of an incident in which he drove his car into oncoming traffic and hit the victim's car head on.

McBride originally argued before this court that the trial court improperly instructed the jury on the statutory presumptions of impairment and erred in excluding evidence of the victim's impairment. We affirmed...

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