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CHESSER v. STATE

No. 1D09-0027.

30 So.3d 625 (2010)

Nicholas Alexander CHESSER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 17, 2010.

Attorney(s) appearing for the Case

Ashley Smith Herndon of Dewrell & Herndon, Shalimar, for Appellant.

Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.

BENTON, J.

Nicholas Alexander Chesser appeals convictions under section 316.193(3), Florida Statutes (2006), on two counts of driving under the influence manslaughter. That two people died in the accident is not in dispute. But the state had also to prove that Mr. Chesser, a driver who survived, was under the influence of alcoholic beverages, a chemical substance, or a controlled substance to the extent that his normal faculties were impaired immediately before the...

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