JOY FRIEDRICH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Love v. Garcia applies in criminal prosecutions where blood alcohol test results are offered to prove an element of the offense, if administered for medical treatment.
The case involves a certified question regarding the applicability of Love v. Garcia in criminal prosecutions. The question specifically addresses whe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Certified Question Of Great Public Importance cases and more on FLexlaw
PER CURIAM.
We have for review a decision on the following question certified to be of great public importance:
DOES LOVE V. GARCIA 634 So. 2d 158 (Fla.1994), APPLY IN CRIMINAL PROSECUTIONS WHERE BLOOD ALCOHOL TEST RESULTS ARE OFFERED AS PROOF TO ESTABLISH AN ELEMENT OF THE OFFENSE, IF THE BLOOD ALCOHOL TESTS WERE ADMINISTERED BY HOSPITAL PERSONNEL FOR MEDICAL TREATMENT PURPOSES?
Friedrich v. State, 743 So. 2d 1125, 1126 (Fla. 4th DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We answered an identical certified question affirmatively in Baber v. State, No. SC96010, — So. 2d -, 2000-WL 1227764 (Fla. Aug. 31, 2000). Because the district court’s decision is consistent with our decision in Baber, we approve the decision below.1
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . We decline to address additional issues raised by petitioner as being outside the scope of the certified question and decision below.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Seagrave v. State, 802 So. 2d 281 (Fla. 2001)…sexual contact points for lewd and lascivious conduct that did not rise to the level of a sexual battery. . We decline to address the second issue raised by Seagrave because it is outside the scope of the certified question. See Friedrich v. State, 767 So. 2d 451, 452 n. 1 (Fla.2000); Hearndon v. Graham, 767 So. 2d 1179, 1186 n. 7 (Fla.2000).…
-
Hayes v. State, 803 So. 2d 695 (Fla. 2001)…ut also conclude that Castleberry is not factually distinguishable from the instant case for double jeopardy purposes. . We decline to address the other issue raised by Hayes as it is outside the scope of the conflict issue. See Friedrich v. State, 767 So. 2d 451, 452 n. 1 (Fla.2000).…
-
Somintac v. State, 767 So. 2d 1171 (Fla. 2000)…PER CURIAM. We have for review the decision in Somintac v. State, 748 So. 2d 301 (Fla. 3d DCA 1999), which was certified to be in conflict with the opinions in Kalici v. State, 755 So. 2d 680 (Fla. 4th DCA 1999), approved, 767 So. 2d 451 (Fla.2000), and Gregersen v. State, 714 So. 2d 1195 (Fla. 4th DCA 1998), approved, 758 So. 2d 106 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. This Court recently held in Peart v. State, 756 So. 2d 42 (Fla.2000), that a pet…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Love v. Garcia, 634 So. 2d 158 (Fla. 1994)
- Decker v. Cnty. OF Volusia, 743 So. 2d 1125 (Fla. 5th DCA 1999)