Jimenez v. State

Francisco S. Jimenez appeals his conviction of manslaughter. We affirm in part and reverse in part.

As to point I, the trial court acted within discretion in ruling that the toxicology report showing the level of the victim’s intoxication could not be brought into evidence without the establishment of a proper predicate showing the evidence to be relevant to an issue in the case. See Diaz v. State, 747 So.2d 1021, 1023-24 (Fla. 3d DCA 1999); E.B. v. State, 531 So.2d 1053, 1054 (Fla. 3d DCA 1988).

As to point II, the evidence was legally sufficient to overcome the defendant’s claim of self…