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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH
JULY TERM 2004
TRAVIS PETER HAMZIK,
CASE NO. 5D03-4048
STATE OF FLORIDA,
Opinion filed December 17, 2004
Appeal from the Circuit Court
for Orange County,
John H. Adams, Judge.
James B. Gibson, Public Defender, and James R.
Wulchak, Assistant Public Defender, Daytona Beach,
Charles J. Crist, Jr., Attorney General, Tallahassee,
and Mary G. Jolley, Assistant Attorney General,
Daytona Beach, for Appellee.
The appellant, Travis Peter Hamzik, was convicted of DUI manslaughter, and
sentenced accordingly. Mr. Hamzik raises eight issues on appeal, none of which demonstrate
that error was committed. With respect to the issue of whether Mr. Hamzik's motion for
judgment of acquittal should have been granted, see Haas v. State, 597 So. 2d 770 (Fla.
1992); Miller v. State, 597 So. 2d 767 (Fla. 1991); State v. Banoub, 700 So. 2d 44 (Fla. 2d
DCA 1997); and Tracton v. City of Miami Beach, 616 So. 2d 457 (Fla. 3d DCA 1993). As
to the asserted instructional error, see State v. Van Hubbard, 751 So. 2d 552 (Fla. 1999); and
Richardson v. State, 797 So. 2d 10 (Fla. 5th DCA 2001), reviewdenied 817 So. 2d 849 (Fla.
2002). On the issue of whether a continuance should have been granted, we conclude that
the trial court did not abuse its discretion. See Branch v. State, 685 So. 2d 1250 (Fla. 1996),
cert. denied, 520 U.S. 1218 (1997).
SAWAYA, CJ., PETERSON and MONACO, JJ., concur.