HALL v. STATE

No. AS-7.

440 So.2d 689 (1983)

David HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 23, 1983.


Attorney(s) appearing for the Case

R. Larry Morris of Emmanuel, Sheppard & Condon, Pensacola, for appellant.

Jim Smith, Atty. Gen., Richard A. Patterson, Asst. Atty. Gen., for appellee.


MILLS, Judge.

In this appeal, we are asked to determine whether the statutory presumption of impairment contained in Section 316.1934, Florida Statutes (Supp. 1982), impermissibly shifts the burden of proof to a defendant to prove his innocence and whether, under the facts of this case, a violation of the rule in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), has occurred. We find no error and affirm...

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