WILLIAM E. BURNS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT; ERIC SPREITZER, PETITIONER, V. STATE OF FLORIDA, RESPONDENT
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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. Branham, 104 So. 2d 356 (Fla.l958)(holding this Court must look to opinion upon which district court’s decision is based to determine probable existence of direct conflict with a decision of the Supreme Court on same point of law). Upon examination of the record and consideration of argument by counsel, we have determined that jurisdiction was granted improvidently. Accordingly, because we find no alternative basis for jurisdiction, this cause is dismissed.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. NO MOTION FOR REHEARING WILL BE ALLOWED.
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Smith v. State, 681 So. 2d 894 (Fla. 4th DCA 1996)…he trooper’s statement, the trooper first testified that appellant refused to take a breath test after being read the implied consent law. Such evidence was properly admissible. See State v. Burns, 661 So. 2d 842, 849 (Fla. 5th DCA 1995), dismissed, 676 So. 2d 1366 (Fla.1996)(refusal to perform the physical, non-testimonial field sobriety tests on videotape at the center and refusal to submit to the breathalyzer test are admissible.); State v. Taylor, 648 So. 2d 701, 704 (Fla.1995)(in a pre-arrest situation, a…
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State v. Evans, 692 So. 2d 305 (Fla. 4th DCA 1997)…ministering the roadside tests for DUI. The state contends affirmance is required as to these statements, based on Duncan v. State, 659 So. 2d 1283 (Fla. 4th DCA 1995), which relies on State v. Burns, 661 So. 2d 842 (Fla. 5th DCA 1995), dismissed, 676 So. 2d 1366 (Fla.1996). Those cases hold that a defendant subjected to a roadside testing for DUI during a routine traffic stop was not in custody for purposes of the Fifth Amendment. We find those cases to be distinguishable because appellee was in custody wit…
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State v. Clotilde Estela Menna, 793 So. 2d 1029 (Fla. 5th DCA 2001)…ruled by the Florida Supreme Court in Occhicone v. State, 570 So. 2d 902 (Fla.1990), cert. denied, 500 U.S. 938, 111 S.Ct. 2067, 114 L.Ed.2d 471 (1991) and rejected by this court in State v. Burns, 661 So. 2d 842 (Fla. 5th DCA 1995), rev. dismissed, 676 So. 2d 1366 (Fla.1996). The defendant contends that the rationale in Herring is sound and the Florida Supreme Court has subsequently utilized its rationale. See State v. Taylor, 648 So. 2d 701 (Fla.1996). In Herring, a defendant, shortly after his arrest on a…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Traylor v. State, 596 So. 2d 957 (Fla. 1992)
- Allred v. State, 622 So. 2d 984 (Fla. 1993)
- Seaboard AIR Line R.R. Co. & R. H. Williams v. Branham, 104 So. 2d 356 (Fla. 1958)
- State v. Burns, 661 So. 2d 842 (Fla. 5th DCA 1995)
- State v. Spreitzer, 659 So. 2d 1110 (Fla. 5th DCA 1995)
- R.V. Land Dev., Inc. v. Deer Lake R.V. Resort, 659 So. 2d 1110 (Fla. 2d DCA 1995)