ESTRICH v. STATE

No. 4D07-3899.

995 So.2d 613 (2008)

Justin ESTRICH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 26, 2008.


Attorney(s) appearing for the Case

Carlos A. Canet of Law Office of Carlos A. Canet, Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

In this case, the trial court allowed the state to present evidence of the defendant's marijuana use in a prosecution for DUI manslaughter based entirely on the defendant's ingestion of Xanax. We hold that the trial court abused its discretion in admitting the marijuana evidence and in failing to sever a misdemeanor marijuana possession charge from the manslaughter charge.

On December 5, 2005, Justin Estrich was involved in a serious, two car crash...

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