Wright v. State

DAUKSCH, Judge.

This is an appeal from a manslaughter conviction and a conviction for leaving the scene of an accident. §§ 316.1931(2), 316.-027, Fla.Stat. (1983). Appellant raises two issues on appeal. First, she says the court erred in its jury instruction regarding the presumption of physical impairment from blood alcohol measurements. Second, she says the court erred in allowing a prosecutor to testify regarding certain out-of-court statements she made. We reverse on both counts and order a new trial.

Appellant was charged under section 316.1931(2), Florida Statutes, which reads:(2) If,…