NESTOR MOISE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010)
  …re was any testimony about the insignia on the vehicle. I have a case on that that says they must establish this was a law enforcement vehicle that has a law enforcement insignia.” In arguing the motion, defense counsel highlighted Gorsuch v. State, 797 So. 2d 649 (Fla. 3d DCA 2001), a case involving three police vehicles, two of which were unmarked and one of which bore a 15-inch City of Miami seal. Id. at 651. In Gorsuch, there was no evidence that any of the vehicles exhibited agency insignia or that any s…
• Dumais v. State, 40 So. 3d 850 (Fla. 4th DCA 2010)
  …and eluding. The defendant relies upon three cases in which our sister courts reversed convictions for aggravated fleeing and eluding because the state did not prove the “agency insignia and other jurisdictional markings” element: Gorsuch v. State, 797 So. 2d 649, 651 (Fla. 3d DCA 2001); Jackson v. State, 818 So. 2d 539, 542 (Fla. 2d DCA 2002); and Slack v. State, 30 So. 3d 684, 687 (Fla. 1st DCA 2010). However, none of those cases involved a defendant admitting that he knew he was fleeing from the police, a…

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• Erskine v. State, 23 So. 3d 1207 (Fla. 3d DCA 2009)
  …2d 849 (Fla.2002). The conviction for fleeing or attempting to elude in violation of section 316.1935(3), Florida Statutes (2006),1 however, is reduced to a third degree felony under section 316.1935(1) because, (1) as in Gorsuch [*1209] v. State, 797 So. 2d 649 (Fla. 3d DCA 2001),2 there was no evidence that the police car involved in the chase in question had agency insignia and other jurisdictional markings prominently displayed, as required by section 316.1935(3), see also Jackson v. State, 818 So. 2d 5…

Authorities Cited

• Coppola v. State, 795 So. 2d 258 (Fla. 5th DCA 2001)