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City of Orlando v. Newell

CITY OF ORLANDO, Florida v. Linwood Herman NEWELL

City of Orlando v. Newell, 232 So. 2d 413 (Fla. Dist. Ct. App. 1970)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
March 11, 1970
Docket
No. 2615
Judges
Cross, Owen, Reed
Citations
232 So. 2d 4131970 Fla. App. LEXIS 6821
Cited by 6

Opinion of the Court

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1989: 11990: 11996: 11998: 12006: 12022: 119892026peak 1989 · 1

Relies on it most ⓘ

  1. State v. Meador674 So. 2d 826 (Fla. Dist. Ct. App. 1996)
  2. Williams v. State710 So. 2d 24 (Fla. Dist. Ct. App. 1998)
  3. Mack v. State33 Fla. Supp. 2d 153 (Fla. Cir. Ct. 1989)
  4. Via v. State567 So. 2d 543 (Fla. Dist. Ct. App. 1990)
  5. Calderon v. State937 So. 2d 1188 (Fla. Dist. Ct. App. 2006)
  6. ERIC CARDOSO vs STATE OF FLORIDANo. 22-1152 (Fla. Dist. Ct. App. Oct. 28, 2022)

Most recent

  1. ERIC CARDOSO vs STATE OF FLORIDANo. 22-1152 (Fla. Dist. Ct. App. Oct. 28, 2022)
  2. Calderon v. State937 So. 2d 1188 (Fla. Dist. Ct. App. 2006)
  3. Williams v. State710 So. 2d 24 (Fla. Dist. Ct. App. 1998)
  4. State v. Meador674 So. 2d 826 (Fla. Dist. Ct. App. 1996)
  5. Via v. State567 So. 2d 543 (Fla. Dist. Ct. App. 1990)
  6. Mack v. State33 Fla. Supp. 2d 153 (Fla. Cir. Ct. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Cannon v. State, 107 So. 360 (Fla. 1926) 121
City of Orlando v. Ford, 220 So. 2d 661 (Fla. Dist. Ct. App. 1969) 1

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