Gehrmann v. State, 94-3023
| Decision Date | 18 January 1995 |
| Docket Number | No. 94-3023,94-3023 |
| Citation | 650 So.2d 1021 |
| Parties | 20 Fla. L. Weekly D210 Keith GEHRMANN, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Ian Seldin, Asst. Public Defender, West Palm Beach, for petitioner.
No response required for respondent.
This Petition for Writ of Certiorari is directed to the circuit court sitting in appellate capacity, which affirmed petitioner's conviction and sentence in the county court for driving under the influence of alcohol. The circuit court held that section 316.1934(5), Florida Statutes (1991) does not violate the confrontation clauses of the federal and Florida constitutions, nor does it impermissibly shift the burden of proof to the defense.
We deny certiorari, as the circuit court applied the correct law in reaching its decision.
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Belvin v. State
...hearsay exception, pursuant to sections 316.1934(5) and 90.803(8), Florida Statutes, and based on our decisions in Gehrmann v. State, 650 So.2d 1021 (Fla. 4th DCA 1995), and State v. Irizarry, 698 So.2d 912 (Fla. 4th DCA Petitioner counters that the circuit court's ruling on the breath test......
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Belvin v. State, No. 4D04-4235 (FL 6/8/2005)
...to sections 316.1934(5) and 90.803(8), Florida Statutes, and based on controlling precedent from our district. See Gehrmann v. State, 650 So. 2d 1021 (Fla. 4th DCA 1995) (denying certiorari review of a circuit court appellate decision holding that section 316.1934(5) does not violate the co......
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State v. Irizarry, 96-3234
...without proof that the testing of the machine showed it to be accurate. STONE, C.J., and GLICKSTEIN, J., concur. 1 In Gehrmann v. State, 650 So.2d 1021 (Fla. 4th DCA), rev. denied, 659 So.2d 1086 (Fla.1995) we denied certiorari review of a circuit court appellate decision holding that the s......