141 So. 3d 204
Fla. Dist. Ct. App.2014Background
- Defendant Montes-Valeton convicted of driving under the influence causing serious bodily injury after a single-vehicle crash that killed a passenger.
- Blood test results from samples drawn at the scene were admitted over defense objection.
- Autopsy photographs of the victim were admitted over defense objection.
- Defense argued the blood results lacked proper predicate/foundation and (implicitly) chain of custody; also argued lack of probable cause or improper consent.
- Officer testified to smelling alcohol and that the blood draw was either voluntary or supported by probable cause; blood draw relied on fellow officer rule for collective knowledge.
- Court held: blood test results admissible; autopsy photos admissible but abuse of discretion; errors harmless given overwhelming evidence and verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of blood test results predicate | State argues proper predicate existed. | Montes-Valeton argues lack of proper predicate/foundation. | No reversible error; objections not sufficiently precise; predicate supported by record. |
| Autopsy photographs admissibility | State contends photographs probative. | Photographs overly prejudicial and unduly inflammatory. | Harmless error beyond a reasonable doubt given overwhelming evidence and verdict. |
Key Cases Cited
- Jackson v. State, 738 So.2d 382 (Fla. 4th DCA 1999) (objection specificity required for preservation of error; lack of foundation not specific ground.)
- Filan v. State, 768 So.2d 1100 (Fla. 4th DCA 2000) (holds general objections fail to preserve; need precise grounds.)
- Voorhees v. State, 699 So.2d 602 (Fla. 1997) (collective knowledge/fellow officer rule)
- State v. Catt, 839 So.2d 757 (Fla. 2d DCA 2003) (probable cause to compel blood draw; DUI context)
- State v. Kliphouse, 771 So.2d 16 (Fla. 4th DCA 2000) (probable cause in DUI blood draw context)
- State v. Silver, 498 So.2d 580 (Fla. 4th DCA 1986) (probable cause when odor of alcohol plus accident)
- DiGuilio, 491 So.2d 1129 (Fla. 1986) (harmless error standard for evidentiary error)