LEVERITT v. STATE

No. 1D98-4519.

924 So.2d 42 (2006)

Robert Charles LEVERITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 28, 2006.


Attorney(s) appearing for the Case

William J. Sheppard and D. Gray Thomas of Sheppard, White, Thomas & Kachergus, P.A., Jacksonville, for Appellant.

Charlie Crist, Attorney General, and Carolyn Mosley, Assistant Attorney General, for Appellee.


On Remand from the Florida Supreme Court

VAN NORTWICK, J.

Robert Charles Leveritt was convicted of DUI manslaughter and vehicular homicide after the car he was driving hit a pole causing the death of his passenger. He appealed those convictions in this court raising several issues, including an argument that the jury instruction on presumption of impairment was invalid under State v. Miles,

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