McBride v. State

ON REMAND FROM THE SUPREME COURT OF FLORIDA

DAVIS, Judge.

This case is before us on remand from the Florida Supreme Court. Joseph McBride challenges his conviction for DUI manslaughter, which arose out of an incident in which he drove his car into oncoming traffic and hit the victim’s car head on.

Based on the supreme court’s opinion in Townsend v. State, 774 So.2d 693, 693 (Fla.2000), we previously concluded that it was clear error for the trial court to instruct the jury on the statutory presumption of impairment. See McBride v. State, 816 So.2d 656 (Fla. 2d DCA 2002). However, we went on to…