ADAM FRANK SEARLES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We have for review the decision in Searles v. State, 816 So. 2d 793 (Fla. 2d DCA 2002), which expressly and directly conflicts with this Court’s decision in Cardenas v. State, 867 So. 2d 384 (Fla.2004), on the harmless error analysis to be applied in DUI cases in which an instruction on the statutory presumption of impairment is given in error. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We accept this ease for review, quash the decision of the Second District Court of Appeal, and -remand for reconsideration in light of our opinion in Cardenas.
It is so ordered.
PARIENTE, C.J., and ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur. WELLS and QUINCE, JJ., dissent.
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Quawn M. Franklin v. State, 965 So. 2d 79 (Fla. 2007)…weapon, and attempted felony murder of Johnson. Additionally, we have rejected similar claims that King requires aggravating circumstances to be alleged in the indictment or to be individually found by a unanimous jury verdict. See Hodges v. State, 885 So. 2d 338, 359 nn. 9-10 (Fla.2004); Blackwelder v. State, 851 So. 2d 650, 654 (Fla.2003); Porter v. Crosby, 840 So. 2d 981, 986 (Fla.2003). Finally, we note that the trial court, at Franklin’s request, gave the jury a special interrogatory verdict form regar…
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Zack v. State, 911 So. 2d 1190 (Fla. 2005)…. State, 848 So. 2d 1031, 1034 n. 4 (Fla.2003); Banks v. State, 842 So. 2d 788, 793 (Fla.2003). This Court has also rejected claims that Ring requires aggravating circumstances be individually found by a unanimous jury verdict. See Hodges v. State, 885 So. 2d 338, 359 n. 9 (Fla.2004); Blackwelder v. State, 851 So. 2d 650, 654 (Fla.2003); Porter v. Crosby, 840 So. 2d 981, 986 (Fla.2003). Additionally, the jury found Zack guilty of first-degree murder, sexual assault, and robbery. See Zack v. State, 753 So. 2…
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Parker v. State, 904 So. 2d 370 (Fla. 2005)…So. 2d 533 (Fla.1975). Moreover, this Court has rejected claims that Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), requires aggravating circumstances to be individually found by a unanimous jury verdict. See Hodges v. State, 885 So. 2d 338, 359 n. 9 (Fla.2004); Porter v. Crosby, 840 So. 2d 981, 986 (Fla. 2003). Moreover, one of the aggravating factors found to exist in this case is a prior violent felony, a factor that was determined by a unanimous jury and which satisfies the constit…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cardenas v. State, 867 So. 2d 384 (Fla. 2004)
- Holmes-Taylor v. State, 816 So. 2d 793 (Fla. 1st DCA 2002)
- Searles v. State, 816 So. 2d 793 (Fla. 2d DCA 2002)