Legal Opinion

Auger v. State

District Court of Appeal of Florida

Decided December 18, 1998No. 97-00815PublishedCited by 1 opinion

1Opinion of the Court

FULMER, Judge.

John P. Auger raises four issues in this' appeal from his convictions for two counts of DUI manslaughter. See § 316.193(3)(c)(3), Fla. Stat. (Supp.1994). We affirm.

Auger first argues that the standard jury instruction was fundamentally defective because it failed to properly explain the causation element of the offense. He asserts that in cases such as this where causation is a contested issue, the standard instruction affirmatively misleads the jury regarding that element. We reject this argument because Auger did not preserve an objection to the jury instructions at trial and…

2Cases cited2 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. McDaniel v. StateDistrict Court of Appeal of Florida · 1996

3Cited by1 opinion

  1. Stangarone v. StateDistrict Court of Appeal of Florida · 2012

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