STATE OF FLORIDA, PETITIONER,
v.
STEVE GUTHRIE, RESPONDENT
[*889] PER CURIAM.
We have for review the opinion in State v. Guthrie, 666 So. 2d 562 (Fla. 2d DCA 1995), which certified conflict with the opinion in Sapp v. State, 660 So. 2d 1146 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. This Court recently approved Sapp and held that an accused may not effectively invoke the right to counsel under the Fifth Amendment of the federal constitution or article I, section 9 of the Florida Constitution until custodial interrogation has begun or is imminent. Sapp v. State, 690 So. 2d 581 (Fla.1997). We therefore quash the decision of the district court below and remand for further proceedings.
It is so ordered.
OVERTON, GRIMES, HARDING and WELLS, JJ., concur. KOGAN, C.J., and SHAW and ANSTEAD, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
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Thomas v. State, 748 So. 2d 970 (Fla. 1999)…tion or Article I, section 9 of the Florida Constitution until custodial interrogation has begun or is imminent. See Cullen v. State, 699 So. 2d 1009 (Fla. 1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323 (1998); State v. Guthrie, 692 So. 2d 888 (Fla.1997); Sapp v. State, 690 So. 2d 581 (Fla.1997). In the instant case, Thomas signed the constitutional rights form on April 25, the day [*982] after he was arrested for fleeing a police officer on Interstate 10. A week after his arrest, he was…
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Ault v. State, 866 So. 2d 674 (Fla. 2003)…question in the negative and approved the decision of the First District in Sapp. Id. at 586. In Sapp, this Court also disapproved the decision of the Second District Court of Appeal in State v. Guthrie, 666 So. 2d 562 (Fla. 2d DCA 1995), quashed, 692 So. 2d 888 (Fla.1997), which was in conflict with the Court’s decision in Sapp. 690 So. 2d at 586. In Guthrie, the Second District held that a defendant’s claim-of-rights form signed at a first appearance hearing on a grand theft charge precluded the police fr…
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State v. Baez, 704 So. 2d 693 (Fla. 2d DCA 1997)…ander Baez. In its ruling, the trial court relied on State v. Guthrie, 666 So. 2d 562 (Fla. 2d DCA 1995). Subsequently, the supreme court reversed Guthrie, citing its recent decision in Sapp v. State, 690 So. 2d 581 (Fla.1997). See State v. Guthrie, 692 So. 2d 888 (Fla.1997). Accordingly, we reverse the trial court’s order granting the defendant’s motion to suppress and remand for further proceedings. Reversed and remanded. PARKER, C.J., and PATTERSON and FULMER, JJ., concur.…
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- Sapp v. State, 690 So. 2d 581 (Fla. 1997)
- State v. Guthrie, 666 So. 2d 562 (Fla. 2d DCA 1995)
- Sapp v. State, 660 So. 2d 1146 (Fla. 1st DCA 1995)
- Cook v. Bill Royal Constr. Co., Inc., 660 So. 2d 1146 (Fla. 3d DCA 1995)