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Whynot v. State

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WALTER WHYNOT, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 5D07-1501. District Court of Appeal of Florida, Fifth District. Opinion filed July 3, 2008 Appeal from the Circuit Court for Brevard County, Lisa Davidson, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Walter Whynot, Malone, Pro Se. No Appearance for Appellee. ORFINGER, J. In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), Walter Whynot’s pro se brief raises one issue that merits discussion, though not reversal. Mr. Whynot was convicted of two counts of DUI manslaughter and one count of DUI causing serious bodily injury. Relying on Sabree v. State, 978 So. 2d 840 (Fla. 4th DCA 2008), he alleges that the trial court’s jury instruction on the two counts of DUI manslaughter was fundamentally flawed, as it was incomplete or inaccurate...continue to full post

Full post as published by Florida Criminal Law Opinions on July 03, 2008 (boomark / email).