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WHEELER v. STATE

No. 5D10-2608.

87 So.3d 5 (2012)

Scott WHEELER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 29, 2012.

Attorney(s) appearing for the Case

Chandler R. Muller of Muller & Sommerville, P.A., Winter Park, and David A. Henson of David A. Henson, P.A., Brevard, NC, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Pamela J. Koller , Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PALMER, J.

We deny Scott Wheeler's motion for rehearing; however, we withdraw our previous opinion issued on October 21, 2011, and substitute the following opinion in its stead.

Scott Wheeler (defendant) appeals his judgment and sentence which were entered by the trial court after a jury found him guilty of committing the crime of driving under the influence causing death to a human being (DUI manslaughter).

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