Cardenas v. State

Summary

The Supreme Court held that giving the standard jury instruction on the presumption of impairment contrary to State v. Miles is not fundamental error, and when such error is preserved it is harmless under the DiGuilio test (or harmless when a DUBAL instruction is also given). Accordingly, the Court affirmed the First District’s decision in Cardenas and quashed the Fifth District’s decision in Bonine, remanding for affirmance of Bonine’s conviction.