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355 So. 2d 825

Sambrine v. State

District Court of Appeal of Florida

Decided February 14, 1978

District Court of Appeal of Florida · decided 1978-02-14

Cited by 2 later decisions — most recently September 1980

2 state decisions

Relies on Crum v. State · 132 So. 2d 763 - Eizenman v. State · 188 So. 2d 300 - Silver v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-02-14

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PER CURIAM.

¶1The appellant was charged with two counts of manslaughter for operating a vehicle while intoxicated, which resulted in the deaths of two people. He was found guilty, non-jury, and given ten years’ probation, one year to be served in the County Jail.

¶2On appeal, he urges error in the taking of a blood sample against his verbal objection and in the introduction of the lab report that showed he was under the influence of alcohol. He also urges error in the sufficiency of the evidence and, for the first time on appeal, alleges that the implied consent statute is unconstitutional. We find no error and affirm. Clowney v. State, 102 So.2d 619 (Fla.1958); Eizenman v. State, 132 So.2d 763 (Fla. 3d DCA 1961); Lemming v. State, 159 So.2d 486 (Fla. 2d DCA 1964); Crum v. State, 172 So.2d 24 (Fla. 3d DCA 1965); Silver v. State, 188 So.2d 300 (Fla.1966); State v. Fitzpatrick, 294 So.2d 708 (Fla. 4th DCA 1974); Gillman v. State, 346 So.2d 586 (Fla. 1st DCA 1977); Miranda v. State, 354 So.2d 411 (Fla. 3d DCA 1978).

¶3Affirmed.

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