Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1997

Cavallaro v. State

Cavallaro v. State
Florida District Courts of Appeal · Decided April 16, 1997 · Gross, Polen, Warner
691 So. 2d 605; 1997 Fla. App. LEXIS 3948; 1997 WL 181234 (Southern Reporter, Second Series)

Cavallaro v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

WARNER and POLEN, JJ., concur. GROSS, J., dissents with opinion.

Dissenting Opinion

GROSS, Judge,

dissenting.

I find that the admission of the police officer’s testimony on the horizontal gaze nystagmus test he administered to appellant was error. See State v. Meador, 674 So.2d 826 (Fla. 4th DCA 1996); State v. Bender, 382 So.2d 697 (Fla. 1980). Under the facts of this ease, I do not find the error to be harmless under State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑