Brooks v. State

District Court of Appeal of Florida

Decided April 3, 1991

District Court of Appeal of Florida · decided 1991-04-03

Relies on 568 So. 2d 1 - Wilhelm v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-04-03

How this case has been cited

Cited by 18 later decisions — most recently December 2015

1 federal appellate · 17 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LETTS, Judge.

¶1In this case in which the defendant was found guilty of DUI manslaughter, the jury was instructed that the presence of “.10 per cent or more by weight of alcohol in the [defendant’s] blood ... shall be pri-ma facie evidence that the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired.” We reverse.

¶2We must follow the dictates of the Florida Supreme Court which recently has unequivocally held that such an instruction is reversible error. Wilhelm v. State, 568 So.2d 1 (Fla.1990).

¶3We reverse and remand for a new trial.

¶4REVERSED AND REMANDED.

GUNTHER and WARNER, JJ., concur.