Leveritt v. State

On Remand from the Florida Supreme Court

VAN NORTWICK, J.

Robert Charles Leveritt was convicted of DUI manslaughter and vehicular homi*43cide after the car he was driving hit a pole causing the death of his passenger. He appealed those convictions in this court raising several issues, including an argument that the jury instruction on presumption of impairment was invalid under State v. Miles, 775 So.2d 950 (Fla.2000), and that, even though appellant had not objected to the instruction at trial, the erroneous instruction was fundamental error. This court affirmed the DUI manslaughter conviction,…