City of Orlando v. Newell, 2615

Citation232 So.2d 413
Decision Date11 March 1970
Docket NumberNo. 2615,2615
PartiesCITY OF ORLANDO, Florida, Petitioner, v. Linwood Herman NEWELL, Respondent.
CourtCourt of Appeal of Florida (US)

Joseph X. DuMond, Jr., Orlando, for petitioner.

No appearance for respondent.

PER CURIAM.

By petition for writ of certiorari we review an order of the Circuit Court of Orange County which reversed a judgment of conviction in the municipal court of the offense of driving while under the influence of intoxicating beverages to the extent that defendant's normal faculties were impaired.

The circuit court reversed the conviction and granted the defendant a new trial because it was of the opinion that the municipal court had committed error in allowing into evidence, over objection, the opinion testimony of the arresting police officer to the effect that defendant was under the influence of intoxicating beverages to the extent that his normal faculties were impaired. The transcript of the trial proceedings establishes that the arresting police officer, before expressing such opinion, described to the trial court the defendant's acts, conduct, appearance and statements as seen and heard by the police officer. The opinion testimony by the officer was properly admitted into evidence, Cannon v. State, 1926, 91 Fla. 214, 107 So. 360, and the circuit court erred in reversing the conviction. Cf. City of Orlando v. Ford, Fla.App.1969, 220 So.2d 661.

The writ of certiorari is granted and the judgment and mandate of the circuit court are quashed and this cause remanded to that court for entry of an order affirming the judgment of conviction.

CROSS, C.J., and REED and OWEN, JJ., concur.

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4 cases
  • Williams v. State
    • United States
    • Florida District Court of Appeals
    • March 18, 1998
    ...state of impairment based on those observations. See, e.g., Cannon v. State, 91 Fla. 214, 107 So. 360 (1926); City of Orlando v. Newell, 232 So.2d 413 (Fla. 4th DCA 1970). Objective observations based on observable signs and conditions are not classified as "scientific" and thus constitute ......
  • State v. Meador
    • United States
    • Florida District Court of Appeals
    • May 15, 1996
    ...testimony of impairment based on their observations. See Cannon v. State, 91 Fla. 214, 107 So. 360, 362 (1926); City of Orlando v. Newell, 232 So.2d 413 (Fla. 4th DCA 1970). one case and not in another, depending upon the relation of th......
  • Calderon v. State, 5D05-4067.
    • United States
    • Florida District Court of Appeals
    • September 12, 2006
    ...and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See City of Orlando v. Newell, 232 So.2d 413 (Fla. 4th DCA 1970). THOMPSON, PALMER and LAWSON, JJ., ...
  • Via v. State, 88-00646
    • United States
    • Florida District Court of Appeals
    • October 3, 1990
    ...that testimony about defendant's intoxication was improperly admitted as an opinion of a lay witness. See City of Orlando v. Newell, 232 So.2d 413 (Fla. 4th DCA 1970). We disagree with defendant's contention that his probationary split sentence of two years imprisonment followed by three ye......

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