WILLIAM DOOLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The circuit court deviated from essential requirements of law by substituting its factual determinations for those of the county court.
Dooley moved to suppress evidence from his DUI arrest, and the county court granted the motion, finding no probable cause and rejecting the officer's …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Factual Determination cases and more on FLexlaw
COBB, Judge.
Edward Dooley, Jr., has petitioned for certiorari review of an appellate opinion of the circuit court which reversed an order of suppression entered by the county court. We find that the circuit court deviated from essential requirements of law by substituting its factual determinations for those of the county court; therefore, we grant certiorari and quash the circuit court’s decision. See Combs v. State, 436 So. 2d 93 (Fla.1983).
Dooley, charged with driving while impaired by alcohol, chemical substances or controlled substances, moved to suppress intoxilizer results, statements and other evidence flowing from his arrest. After hearing, the county court judge granted the motion and suppressed the evidence on the basis of his finding that the arresting officer did not have probable cause to arrest Dooley. The court specifically rejected as unreliable the testimony of the officer relating to the physical indicia of the defendant’s impairment. This factual determination was the exclusive province of the trial judge. See City of Tallahassee v. Florida Public Service Commission, 433 So. 2d 505 (Fla.1983); State v. Garcia, 431 So. 2d 651 (Fla. 3d DCA 1983); State v. Melendez, 392 So. 2d 587 (Fla. 4th DCA 1981); Echols v. State, 201 So. 2d 89 (Fla. 2d DCA 1967).
Pursuant to an appeal of the suppression order, the circuit court, en banc, issued an opinion dated March 5, 1985, wherein it recited, as established fact, the testimony of the police officer relating to the defendant’s physical appearance and impediments at the time of arrest. This testimony was rejected as unreliable by the finder of fact, and it could not be revived by an appellate panel.
Accordingly, we grant certiorari, and quash the opinion of the circuit court dated March 5, 1986.
QUASHED.
ORFINGER and SHARP, W., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gonzalez v. State, 578 So. 2d 729 (Fla. 3d DCA 1991)…at 15). The trial court, however, in denying the motion to suppress necessarily accepted the police testimony on this point, and we are bound by this implicit finding. See Harvey v. State, 502 So. 2d 1305, 1306 (Fla. 1st DCA 1987); Dooley v. State, 501 So. 2d 18, 18-19 (Fla. 5th DCA 1987); State v. Stephens, 441 So. 2d 171, 171 (Fla. 3d DCA 1983); State v. Garcia, 431 So. 2d 651, 651 (Fla. 3d DCA 1983). . The above-stated officer so testified below (R.348). Mrs. Gonzalez, on the other hand, gave a differen…
-
State v. Carrillo, 506 So. 2d 495 (Fla. 5th DCA 1987)…Carrillo drove the car led Trooper Tindel to believe he was driving while impaired — as Tindel testified at the hearing. In other words, the credibility of that testimony is not at issue, and it was accepted by the trial judge. Cf., Dooley v. State, 501 So. 2d 18 (Fla. 5th DCA 1986). Section 901.15(1), Florida Statutes (1985), authorizes an officer to arrest a person who commits a misdemeanor in his presence. Driving a vehicle while under the influence of alcohol is a misdemeanor per section 316.193, Florida…
-
State v. Brown, 592 So. 2d 308 (Fla. 3d DCA 1991)…d 729 (Fla. 3d DCA 1991); State v. Belcher, 520 So. 2d 303 (Fla. 3d DCA), review denied, 529 So. 2d 695 (Fla.), cert. denied, 488 U.S. 912, 109 S.Ct. 270, 102 L.Ed.2d 258 (1988); Harvey v. State, 502 So. 2d 1305 (Fla. 1st DCA 1987); Dooley v. State, 501 So. 2d 18 (Fla. 5th DCA 1986); State v. Guerra, 455 So. 2d 1046 (Fla. 3d DCA 1984), review denied, 461 So. 2d 114 (Fla.1985); State v. Garcia, 431 So. 2d 651 (Fla. 3d DCA 1983); State v. Favaloro, 424 So. 2d 47 (Fla. 3d DCA 1982); State v. Melendez, 392 So. 2…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Combs v. State, 436 So. 2d 93 (Fla. 1983)
- State v. Melendez, 392 So. 2d 587 (Fla. 4th DCA 1981)
- State v. Garcia, 431 So. 2d 651 (Fla. 3d DCA 1983)
- City OF Tallahassee v. Fla. Pub. Serv. Comm'n, 433 So. 2d 505 (Fla. 1983)
- Echols v. State, 201 So. 2d 89 (Fla. 2d DCA 1967)
- In re Est. of Rosella M. Sager, 201 So. 2d 89 (Fla. 4th DCA 1967)