State v. Fernandez

OPINION OF THE COURT

HOWARD C. BERMAN, County Judge.

This Cause came before the Court upon Defendant’s Motion for New Trial, pursuant to Florida Rule of Criminal Procedure 3.600(b)(6). The State was represented by Assistant State Attorney Kathleen Donnelly, and the defendant was represented by James Eisenberg, Esquire. The defendant was found guilty by a jury on September 3, 1987 of driving under the influence of alcoholic beverage. The facts of the case are as follows:

The defendant was involved in a vehicle accident with Officer Thibodeau of the Delray Beach Police Department on May 1, 1987 at…