Van Hubbard v. State

KAHN, Judge.

Appellant Frederick. Van Hubbard appeals from his judgment and sentence for DUI manslaughter. He challenges the jury instruction used for DUI manslaughter and the improper admission into evidence of prior bad acts evidence. We reverse because the majority of courts that have considered the issue have concluded that simple negligence is an element of the crime of DUI manslaughter in Florida. We farther find that the prior bad acts evidence was improperly admitted.

The pertinent portion of the manslaughter by intoxication statute provides:

316.193 Driving under the influence;…