THE STATE OF FLORIDA, PETITIONER,
v.
JOSE ALVARINO AND THOMAS ESQUIROZA, RESPONDENTS

Fla. 3d DCA | 1991-09-10
No. 91-1938
Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.
585 So. 2d 1094 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 4 cases
Topics
Admissibility Of Evidence

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

Nothing in Everett v. State, 579 So. 2d 394, 395 (Fla.3d DCA 1991), including the tangential reference to section 531.41(8), Florida Statutes (1989), creates or suggests a requirement that a measuring device used to determine that a drug sale took place less than one thousand feet from a school under section 893.13(1)(e), Florida Statutes (1989) must be previously calibrated or otherwise independently tested for accuracy. In fact, there is no such requirement. See St. Louis & S.F. Ry. Co. v. Brown, 62 Ark. 254, 35 S.W. 225 (1896); 2 Wigmore on Evidence § 571 (Chadbourn rev. 1979) (distance proper subject of lay testimony); 7 Wigmore on Evidence § 1977, at 191 n. 2 (Chadbourn rev. 1978) (distance proper subject of expert testimony). Accordingly, the contrary order below, which excluded pertinent evidence on that basis, is quashed.

Certiorari granted.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jones v. State, 627 So. 2d 28 (Fla. 2d DCA 1993)
    …the appellate court did note that the measuring instrument in that case was tested weekly, and therefore more rigorously than the ACS standard, Everett does not hold that the ACS standard must be observed in criminal prosecutions. State v. Alvarino, 585 So. 2d 1094 (Fla. 3d DCA 1991). The presence or absence of such periodic testing is at most a matter of weight, not admissibility. As Jones has not demonstrated any reason to conclude that the measurement in this ease was fatally defective, he has failed to set…
  • Roundtree v. State, 65 So. 3d 132 (Fla. 4th DCA 2011)
    …PER CURIAM. Affirmed. See State v. Alvarino, 585 So. 2d 1094, 1095 (Fla. 3d DCA 1991) (holding that there is no requirement that a [*133] measuring device used to determine that a drug sale took place within 1,000 feet of a school must be previously calibrated or otherwise independently tested for accuracy).…

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