Gallagher v. State

District Court of Appeal of Florida

Gallagher v. State

606 So. 2d 1236, 1992 WL 295440

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1992

Docket90-164

StatusPublished

Cited by3 cases

This text of 606 So. 2d 1236 (Gallagher v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gallagher v. State, 606 So. 2d 1236, 1992 WL 295440 (Fla. Ct. App. 1992).

Pincite

Opinion

606 So.2d 1236 (1992)

David Lee GALLAGHER, Appellant,
v.
The STATE of Florida, Appellee.

No. 90-164.

District Court of Appeal of Florida, Third District.

October 20, 1992.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

This case is before us on remand for reconsideration in light of the Florida Supreme Court's decision in Miller v. State, 597 So.2d 767 (Fla. 1991).^[1]

Defendant was involved in a traffic accident and was charged with multiple counts of manslaughter, DUI-manslaughter, and DUI-serious bodily injury. Blood samples taken approximately 46, 90 and 142 minutes after the accident indicated a blood-alcohol level of 0.11, .09 and .07 respectively. The trial court admitted the results of the tests even though the expert witness was unable to testify what the defendant's blood-alcohol level was at the time the appellant was operating the vehicle.

We conclude that the results of the blood tests were admissible because they were conducted within a reasonable time and their probative value outweighed the potential for prejudice. Miller, 597 So.2d at 770 (holding that alcohol test conducted an hour and twenty minutes after the defendant was stopped was performed within a reasonable time of the incident); Haas v. State, 597 So.2d 770 (Fla. 1992) (concluding that alcohol test results, standing alone, are circumstantial evidence, and the results may be sufficient to convict a defendant of DUI).

Affirmed.

NOTES

[1] This court had previously affirmed the defendant's conviction. Gallagher v. State, 570 So.2d 442 (Fla. 3d DCA 1990). The Florida Supreme Court, however, vacated the judgment and remanded for reconsideration. Gallagher v. State, 597 So.2d 767 (Fla. 1991).

Free access — add to your briefcase to read the full text and ask questions with AI

606 So.2d 1236 (1992)

David Lee GALLAGHER, Appellant,
v.
The STATE of Florida, Appellee.

No. 90-164.

District Court of Appeal of Florida, Third District.

October 20, 1992.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

This case is before us on remand for reconsideration in light of the Florida Supreme Court's decision in Miller v. State, 597 So.2d 767 (Fla. 1991).^[1]

Defendant was involved in a traffic accident and was charged with multiple counts of manslaughter, DUI-manslaughter, and DUI-serious bodily injury. Blood samples taken approximately 46, 90 and 142 minutes after the accident indicated a blood-alcohol level of 0.11, .09 and .07 respectively. The trial court admitted the results of the tests even though the expert witness was unable to testify what the defendant's blood-alcohol level was at the time the appellant was operating the vehicle.

We conclude that the results of the blood tests were admissible because they were conducted within a reasonable time and their probative value outweighed the potential for prejudice. Miller, 597 So.2d at 770 (holding that alcohol test conducted an hour and twenty minutes after the defendant was stopped was performed within a reasonable time of the incident); Haas v. State, 597 So.2d 770 (Fla. 1992) (concluding that alcohol test results, standing alone, are circumstantial evidence, and the results may be sufficient to convict a defendant of DUI).

Affirmed.

NOTES

[1] This court had previously affirmed the defendant's conviction. Gallagher v. State, 570 So.2d 442 (Fla. 3d DCA 1990). The Florida Supreme Court, however, vacated the judgment and remanded for reconsideration. Gallagher v. State, 597 So.2d 767 (Fla. 1991).

Cite This Page — Counsel Stack

Bluebook (online)

606 So. 2d 1236, 1992 WL 295440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-state-fladistctapp-1992.

Opinion

David Lee GALLAGHER, Appellant, v. The STATE of Florida, Appellee.

NOTES

Related

Cite This Page — Counsel Stack

David Lee GALLAGHER, Appellant,
v.
The STATE of Florida, Appellee.