STATE OF FLORIDA, PETITIONER,
v.
JOHN ALLRED, RESPONDENT

Fla. 4th DCA | 1992-07-08
No. 92-0323
DELL, J., concurs., ANSTEAD, J., dissents with opinion.
602 So. 2d 1326 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
POLEN, Judge.

POLEN, Judge.

Petition for certiorari is granted on the authority of State v. Diandrea, 602 So. 2d 1322 (Fla. 4th DCA 1992).

DELL, J., concurs.

ANSTEAD, J., dissents with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting.

I would deny the petition for certiorari for the reasons stated in my dissenting opinion in State v. Diandrea, 602 So. 2d 1322 (Fla. 4th DCA 1992).

ORDER DENYING REHEARING AND GRANTING MOTION TO CERTIFY QUESTION

ORDERED that Respondent’s Motion for Rehearing filed July 22, 1992, is hereby denied; further,

ORDERED that Respondent’s Motion to Certify Question of Great Public Importance filed July 22, 1992, is hereby granted. The question to be certified to the Florida Supreme Court is:

IS A POLICE OFFICER’S REQUEST OF AN INDIVIDUAL ARRESTED FOR DRIVING UNDER THE INFLUENCE TO RECITE THE ALPHABET FROM “C TO W” A TESTIMONIAL RESPONSE WITHIN THE PRIVILEGE AND PROTECTIONS OF THE FIFTH AMENDMENT?

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Citator

Cited By

  • Allred v. State, 622 So. 2d 984 (Fla. 1993)
    …SHAW, Justice. We review State v. Allred, 602 So. 2d 1326, 1326 (Fla. 4th DCA 1992); and State v. DiAndrea, 602 So. 2d 1322, 1325-26 (Fla. 4th DCA 1992), in which the district court certified the following question as one of great public importance: IS A POLICE OFFICER’S REQUEST OF AN INDIVIDUAL ARRESTED…
  • Barnes v. State, 743 So. 2d 1105 (Fla. 4th DCA 1999)
    …la. 4th DCA 1994); Wall v. State, 615 So. 2d 822 (Fla. 4th DCA 1993); State v. Zenobia, 614 So. 2d 1139 (Fla. 4th DCA 1993); Turner v. State, 611 So. 2d 12 (Fla. 4th DCA 1992); State v. Diandrea, 602 So. 2d 1322 (Fla. 4th DCA 1992); State v. Allred, 602 So. 2d 1326 (Fla. 4th DCA 1992); and Dortch v. State, 588 So. 2d 342 (Fla. 4th DCA 1991). We note that Sclafani, Zenobia, Diandrea, and [*1111] Allred involve extraordinary review in ongoing prosecutions. Tremblay and Wall were clearly final appeals, as were Su…

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