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Via v. State

District Court of Appeal of Florida, Second District
Oct 3, 1990
567 So. 2d 543 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-00646.

October 3, 1990.

Appeal from the Circuit Court for Lee County; R. Wallace Pack, Judge.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


We affirm defendant's convictions and sentences for D.U.I. resulting in serious bodily injury.

We disagree with defendant's contention that testimony about defendant's intoxication was improperly admitted as an opinion of a lay witness. See City of Orlando v. Newell, 232 So.2d 413 (Fla. 4th DCA 1970).

We disagree with defendant's contention that his probationary split sentence of two years imprisonment followed by three years probation was improper. See Poore v. State, 531 So.2d 161 (Fla. 1988).

We find no merit in defendant's remaining contention.

Affirmed.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.


Summaries of

Via v. State

District Court of Appeal of Florida, Second District
Oct 3, 1990
567 So. 2d 543 (Fla. Dist. Ct. App. 1990)
Case details for

Via v. State

Case Details

Full title:EMMETT VIA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 3, 1990

Citations

567 So. 2d 543 (Fla. Dist. Ct. App. 1990)