Parker v. State

McCORD, Chief Judge.

Parker seeks review of a conviction for manslaughter under Section 860.01(2), Florida Statutes (1977). We affirm.

The evidence presented was sufficient to establish a prima facie case of manslaughter by motor vehicle while intoxicated. Accordingly, the trial court properly denied Parker’s motion for judgment of acquittal.

Parker also contends that the trial court erred in instructing the jury as to the presumption of intoxication pursuant to Section 322.262(2)(c), Florida Statutes (1977). On appeal, Parker, relying on Lytwyn v. State, 353 So.2d 222 (Fla. 1st DCA 1977),…