SC06-593 – State of Florida v. Bruce Belvin

State: Florida

Docket No: SC06-593

Case Date: 01/10/2008

Preview:Supreme Court of Florida
____________ No. SC06-593 ____________ STATE OF FLORIDA, Petitioner, vs. BRUCE BELVIN, Respondent. [May 1, 2008] QUINCE, J. This case is before the Court for review of the decision of the Fourth District Court of Appeal in Belvin v. State, 922 So. 2d 1046 (Fla. 4th DCA 2006). In its decision the district court ruled upon the following question, which was certified to be of great public importance: DOES ADMISSION OF THOSE PORTIONS OF THE BREATH TEST AFFIDAVIT PERTAINING TO THE BREATH TEST OPERATOR`S PROCEDURES AND OBSERVATIONS IN ADMINISTERING THE BREATH TEST CONSTITUTE TESTIMONIAL EVIDENCE AND VIOLATE THE SIXTH AMENDMENT`S CONFRONTATION CLAUSE IN LIGHT OF THE UNITED STATES SUPREME COURT`S HOLDING IN CRAWFORD V. WASHINGTON, 541 U.S. 36 (2004)?

Id. at 1054. We have jurisdiction. See art. V,

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