State v. Fitzpatrick

294 So.2d 708 (1974)

STATE of Florida, Appellant,

v.

Thomas L. FITZPATRICK, Appellee.

No. 73-942.

District Court of Appeal of Florida, Fourth District.

May 24, 1974.

Abbott M. Herring, State's Atty., and Norman A. Tharp, Asst. State's Atty., Titusville, for appellant.

David M. Porter, Titusville, for appellee.

DOWNEY, Judge.

Appellee was charged with operating a motor vehicle while intoxicated or under the influence of intoxicating liquor to such an extent as to deprive him of full possession of his normal faculties causing the death of a human being. Pursuant to Rule 3.190(c)(4), RCrP, 33 F.S.A. he…