Editing Florida Appellate Court Upholds Trial Upholds Circuit Court Ruling Admission of Autopsy Photos Not Unfairly Prejudicial
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In Montes-Valeton vs. State of Florida, the 2nd District Court of Appeal affirmed the lower court's conviction as well as sentence of defendant for driving under the influence resulting in serious bodily injury. The defendant appealed the trial court's sentence alleging that the trial court committed reverseable error by 1) the admission of the results of a blood test performed on blood samples taken from the defendant at the location of a single-vehicle car accident that caused the death of the passenger within the motor vehicle that was being driven by defendant, and 2) the admission of autopsy photos of the victim into evidence. The appellate court determined that, on the grounds that the defendant had not properly objected to the admission of the blood test at the time of the trial, the question wasn't preserved for review by the appellate court. Concerning the admission of the autopsy photographs, the court held that, even though the admission of the pictures into evidence might have been incorrect, because medical examiner could have testified to all the things shown in the photos, thus limiting the unfair prejudice, the jury's verdict of the lesser included offense of dui causing serious bodily injury, & not DUI manslaughter (despite the fact that a death occurred) shows, beyond a reasonable doubt, that the admission of the autopsy images was in fact harmless error. For additional information regarding [http://yourfloridacriminalattorney.com/expunge-record-fdle-expungement/ Expunge Criminal Record Florida ], [http://yourfloridacriminalattorney.com/miami-criminal-attorneys/ Criminal Attorney Miami FL ] or [http://yourfloridacriminalattorney.com/miami-dui-attorneys/ Criminal Lawyer Miami FL ] you can contact us at: The Law Offices of Michael A. Dye, PA 2 South Biscayne Boulevard, Miami, FL 33131 (305) 459-3286
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