STATE OF FLORIDA, PETITIONER,
v.
ERIC SPREITZER, RESPONDENT

Fla. 5th DCA | 1995-05-12
No. 94-2833
COBB, PETERSON and GRIFFIN, JJ., concur.
659 So. 2d 1110 Florida District Court of Appeal, Fifth District (1995) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

The state has filed a petition for certiorari seeking review of a decision of the circuit court sitting in its appellate capacity, affirming an order of the county court suppressing evidence of several statements made by defendant who was charged with DUI. Defendant was stopped for traffic infractions and erratic operation of his motor vehicle but was not “Mirandized” prior to responding to the deputy’s questions and performing certain roadside tests.

This case is controlled by this court’s recent opinion in State v. Burns, 20 Fla.L.Weekly D807 (Fla. 5th DCA Mar. 31, 1995). Accordingly, we grant certiorari, quash the lower court’s order and remand with directions to reverse the suppression order, except as it relates to statements made by the defendant while being transported.

WRIT GRANTED, ORDER QUASHED and REMANDED.

COBB, PETERSON and GRIFFIN, JJ., concur.


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  • Burns v. State, 676 So. 2d 1366 (Fla. 1996)
    …PER CURIAM. We granted review of State v. Burns, 661 So. 2d 842 (Fla. 5th DCA 1995), and State v. Spreitzer, 659 So. 2d 1110 (Fla. 5th DCA 1995), and consolidated those cases based on apparent conflict with Allred v. State, 622 So. 2d 984 (Fla.1993), and Traylor v. State, 596 So. 2d 957 (Fla.1992). See Art. V, § 3(b)(4), Fla. Const.; see also Seaboard Air Line R.R. v. Bra…

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