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LEVERITT v. STATE

No. SC02-1369.

896 So.2d 704 (2005)

Robert Charles LEVERITT, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 13, 2005.

Attorney(s) appearing for the Case

D. Gray Thomas and William J. Sheppard of Sheppard, White and Thomas, P.A., Jacksonville, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, FL, for Respondent.

PARIENTE, C.J.

We have for review Leveritt v. State, 817 So.2d 891 (Fla. 1st DCA 2002), in which the First District Court of Appeal certified the following question of great public importance:

IN A DUI [DRIVING UNDER THE INFLUENCE] MANSLAUGHTER TRIAL, IS IT FUNDAMENTAL ERROR TO GIVE A JURY INSTRUCTION THAT IS ERRONEOUS BASED UPON THE PRESUMPTION OF IMPAIRMENT DECLARED INVALID...

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