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Smith v. State8/4/1999
ury charge on inference. We do not agree. The court charged the jury:
"If you should find from the evidence in this case that at the time of the alleged offense the amount of the alcohol in the defendant's blood as shown by a chemical analysis of the defendant's blood or breath was 0.08 percent, you may infer that the defendant was under the influence of alcohol. However, whether or not you make such an inference is for you to decide."
Stepic specifically approved such a charge. Id. at 735-736 (1). We reversed in Stepic because unlike here, the charge given in that case did not immediately reaffirm the jury's right to decide whether to make the inference.
Judgment affirmed. Pope, P. J., and Eldridge, J., concur.
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