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BONINE v. STATE

No. 5D00-1717.

811 So.2d 863 (2002)

Howard Russell BONINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

EN BANC

SHARP, W., J.

Bonine challenges his DUI/manslaughter conviction which arose out of an incident in which he struck and killed a motorcyclist with his vehicle. We elect to consider this case en banc to determine whether we should apply the harmless error rule, given the overwhelming evidence of guilt. We conclude that the harmless error rule cannot be applied and accordingly remand for a new trial.

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