(Download) "Domingo Romo v. State Texas" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Domingo Romo v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 21, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
In three grounds of error appellant contends that the trial court erred by refusing to grant a motion for mistrial based on the admission of evidence about a breathalyzer test. Appellants counsel filed a pre-trial motion in limine requesting that the trial court restrict the State from making "(a)ny reference to breathlizer (sic) tests, broad (sic) alcohol (sic) levels, or other such evidence unless same is presented by a duly qualified and certified chemist and breath test administrator." The motion was denied by the trial court. During jury voir dire the prosecutor made several references to a breathalyzer test, but no objections were made by appellant. Officer Danny Smith of the Department of Public Safety testified that he administered a breathalyzer test to appellant, and he gave the results of the examination. He did not testify that he was certified by the Department of Public Safety to administer breathalyzer tests. He did not testify that he understood the theory of the machine, that he was qualified to or did check the compounded chemicals in the breathalyzer used in the examination, or that he was qualified to calculate and translate a reading of the machine. However, appellant made no objection to Officer Smiths testimony. After both sides rested, appellants counsel made a motion for mistrial based on the introduction of the breathalyzer testimony.