Via v. State, 88-00646

• Decision Date: 03 October 1990
• Docket Number: No. 88-00646,88-00646
• Citation: 567 So.2d 543
• Parties: 15 Fla. L. Weekly D2484 Emmett VIA, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 543

567 So.2d 543

15 Fla. L. Weekly D2484

Emmett VIA, Appellant, v. STATE of Florida, Appellee.

No. 88-00646.

District Court of Appeal of Florida,

Second District.

Oct. 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.

PER CURIAM.

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.