MARBLEE SEABROOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARBLEE SEABROOK, APPELLANT,
STATE OF FLORIDA, APPELLEE
762 So. 2d 1005
Florida District Court of Appeal, Fifth District (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
PETERSON, J.
The appellant has moved for rehearing requesting that we withdraw our previous decision in Rice v. State, 754 So. 2d 881 (Fla. 5th DCA 2000) in which the constitutionality of section 893.13(1)(e)1,. Florida Statutes (1997), was upheld. We note Rice is now on appeal to the Florida Supreme Court. Since the same statute is challenged in the instant appeal, we grant the motion for rehearing, withdraw our previous decision and now affirm per curiam on the authority of Rice.
SAWAYA and PLEUS, JJ., concur.
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Citator
Cited By
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State v. Ndidi O. Osuji, 804 So. 2d 501 (Fla. 2d DCA 2001)…fic control device.”2) and section 316.155 (requiring use of turn signal). Violation of this statute constitutes a noncriminal traffic infraction, § 316.074(2), .155(5), for which an individual may be stopped by law enforcement. See Willis v. State, 762 So. 2d 1005 (Fla. 5th DCA 2000). Thus, the officers were lawfully attempting to stop Osuji when he committed the offenses with which he was charged. Consequently, the information against Osuji should not have been dismissed. Accordingly, we reverse the order d…
Authorities Cited
- Rice v. State, 754 So. 2d 881 (Fla. 5th DCA 2000)