Legal Opinion

State v. Alvarino

District Court of Appeal of Florida

Decided September 10, 1991No. 91-1938PublishedCited by 3 opinions

1Opinion of the Court

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…

2Cases cited2 opinions

  1. St. Louis & San Francisco Railway Co. v. BrownSupreme Court of Arkansas · 1896
  2. Everett v. StateDistrict Court of Appeal of Florida · 1991

3Cited by3 opinions

  1. State v. HaskinsSupreme Court of New Jersey · 1993
  2. Jones v. StateDistrict Court of Appeal of Florida · 1993
  3. Roundtree v. StateDistrict Court of Appeal of Florida · 2011

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