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Gehrmann v. State

District Court of Appeal of Florida, Fourth District
Mar 23, 1995
650 So. 2d 1021 (Fla. Dist. Ct. App. 1995)
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Summary

denying certiorari review of a circuit court appellate decision holding that section 316.1934 does not violate the confrontation clause

Summary of this case from Belvin v. State
See 3 Summaries

Opinion

No. 94-3023.

January 18, 1995. Rehearing Denied March 23, 1995.

Petition from the Circuit Court, Palm Beach County, Marvin U. Mounts, Jr., Stephen A. Rapp and Virginia Gay Broome, JJ.

Richard L. Jorandby, Public Defender, and Ian Seldin, Asst. Public Defender, West Palm Beach, for petitioner.

No response required for respondent.

PER CURIAM.

This Petition for Writ of Certiorari is directed to the circuit court sitting in appellate capacity, which affirmed petitioner's conviction and sentence in the county court for driving under the influence of alcohol. The circuit court held that section 316.1934(5), Florida Statutes (1991) does not violate the confrontation clauses of the federal and Florida constitutions, nor does it impermissibly shift the burden of proof to the defense.

We deny certiorari, as the circuit court applied the correct law in reaching its decision.

GUNTHER, STONE and POLEN, JJ., concur.

Summaries of

Gehrmann v. State

District Court of Appeal of Florida, Fourth District
Mar 23, 1995
650 So. 2d 1021 (Fla. Dist. Ct. App. 1995)

denying certiorari review of a circuit court appellate decision holding that section 316.1934 does not violate the confrontation clause

Summary of this case from Belvin v. State

In Gehrmann v. State, 650 So.2d 1021 (Fla. 4th DCA 1995), we held that section 316.1934(5), Florida Statutes (1991), which permits breath test affidavits to be introduced in evidence, does not violate the confrontation clauses of the federal and Florida constitutions.

Summary of this case from Belvin v. State

In Gehrmann v. State, 650 So.2d 1021 (Fla. 4th DCA), rev. denied, 659 So.2d 1086 (Fla. 1995) we denied certiorari review of a circuit court appellate decision holding that the statute does not violate the confrontation clauses of the federal and Florida constitutions or improperly shift the burden of proof.

Summary of this case from State v. Irizarry
Case details for

Gehrmann v. State

Case Details

Full title:KEITH GEHRMANN, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 23, 1995

Citations

650 So. 2d 1021 (Fla. Dist. Ct. App. 1995)

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