DAVID LEE GALLAGHER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DAVID LEE GALLAGHER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
570 So. 2d 442
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. Occhicone v. State, 570 So. 2d 902 (Fla.1990); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Duest v. State, 462 So. 2d 446 (Fla.1985); Jones v. State, 289 So. 2d 725 (Fla.1974); State v. Miller, 555 So. 2d 391 (Fla. 3d DCA 1989); Peterson v. State, 505 So. 2d 16 (Fla. 3d DCA 1987); Wooten v. State, 464 So. 2d 640 (Fla. 3d DCA), rev. denied, 475 So. 2d 696 (Fla.1985).
Regarding the issue of retrograde extrapolation of blood alcohol levels, we re-certify to the Florida Supreme Court the same question of great public importance certified in Miller. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gallagher v. State, 597 So. 2d 767 (Fla. 1991)…BARKETT, Justice. We review Gallagher v. State, 570 So. 2d 442 (Fla. 3d DCA 1990), in which the district court certified the following question of great public importance: * Whether the numerical result of the blood alcohol test taken ... after the defendant’s last operation of a motor vehicle is admissible ev…
-
Gallagher v. State, 606 So. 2d 1236 (Fla. 3d DCA 1992)…(concluding that alcohol test results, standing alone, are circumstantial evidence, and the results may be sufficient to convict a defendant of DUI). Affirmed. . 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).…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Occhicone v. State, 570 So. 2d 902 (Fla. 1990)
- Duest v. State, 462 So. 2d 446 (Fla. 1985)
- Wooten v. State, 464 So. 2d 640 (Fla. 3d DCA 1985)
- Jones v. State, 289 So. 2d 725 (Fla. 1974)
- State v. Miller, 555 So. 2d 391 (Fla. 3d DCA 1989)
- Gross v. State, 505 So. 2d 16 (Fla. 3d DCA 1987)