CHRISTINE L DEBONVILLE
v.
STATE OF FLORIDA
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Debonville appeals her DUI conviction, challenging the trial court's decision to preclude testimony about the propriety of a blood draw request and deny a proffer of that testimony. The appellate court affirmed the conviction but cautioned that trial courts err when denying requests to proffer testimony reasonably related to trial issues.
The trial court's decisions to preclude the testimony and deny the proffer request were affirmed. While the court noted that trial courts err when denying proffer requests for testimony reasonably related to trial issues, any error was harmless in this case.
[1] A trial court errs when it denies a request to proffer testimony reasonably related to the issues at trial.
[2] An otherwise erroneous ruling by a trial court may be deemed harmless error on appeal.
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Join FLexlaw to unlock all legal intelligence“it errs when it denies a request to proffer testimony reasonably related to the issues at trial”
Establishes the legal standard that trial courts must allow proffer testimony for matters reasonably related to trial issues
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Join FLexlaw to unlock all legal intelligenceChristine L. Debonville was convicted of driving under the influence. At trial, the trial court precluded testimony regarding the propriety of a blood…
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421 Third Street, Sixth Floor
West Palm Beach, FL 33401
For Appellee: Joseph R. Kadis, Esq. Office of the State Attorney
401 North Dixie Highway
West Palm Beach, FL 33401
PER CURIAM.
Appellant, Christine L. Debonville, appeals her judgment and sentence for driving under the influence. Appellant asserts that the trial court abused its discretion in precluding testimony about the propriety of a blood draw request and denying Appellant’s request for a proffer of that testimony. We affirm the trial court’s decision on both issues. However, we write to caution the trial court that it errs when it denies a request to proffer testimony reasonably related to the issues at trial. Fehringer v. State, 976 So. 2d 1218, 1220 (Fla. 4th DCA 2008). Nevertheless, the error was harmless in the instant case. Accordingly, we AFFIRM Appellant’s judgment and sentence.
KROLL, J. MARX, and GILLEN, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CRIMINAL):AC
CASE NO.: 502019AP000083AXXXMB
L.T. NO.: 502018CT014087AXXXNB CHRISTINE L DEBONVILLE, Appellant,
Opinion/Decision filed: June 11, 2020
v. Appeal from County Court in and for
Palm Beach County, Florida; STATE OF FLORIDA,
Judge Leonard Hanser. Appellee.
Appealed: June 10, 2019
____________________________/
DATE OF PANEL: JUNE 9, 2020
PANEL JUDGES: KROLL, J. MARX, GILLEN
AFFIRMED/REVERSED/OTHER: AFFIRMED
PER CURIAM OPINION/DECISION BY: PER CURIAM
CONCURRING: ) DISSENTING: ) CONCURRING SPECIALLY: )
) With/Without Opinion ) With/Without Opinion )
) ) ) /s/ Kathleen J. Kroll ) _____________________ ) _________________________ ) DATE: 6/11/2020 J. ) J. ) J. )
)
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) /s/ Joseph Marx ) _____________________ ) _________________________ ) DATE: 6/11/2020 J. ) J. ) J. )
)
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) /s/ Jeffrey Dana Gillen ) _____________________ ) _________________________ ) DATE: 6/11/2020 J. ) J. ) J. )