Armenia v. State

UPCHURCH, Judge.

Frank Armenia appeals from a judgment and sentence for manslaughter by driving while intoxicated. Armenia raises several questions on appeal, two of which involve the application of Baker v. State, 377 So.2d 17 (Fla.1979). We will discuss only these two points as we conclude that the other issues lack merit.

The facts are as follows. In December, 1983, a collision occurred between Armenia’s automobile and a vehicle in which Jennings Overstreet was a passenger. Overstreet later died from injuries sustained in the accident. A blood sample taken from Armenia immediately following…