EDWARD FRANCIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2014-05-09
No. 5D13-4103
GRIFFIN, SAWAYA, and ORFINGER, JJ., concur.
138 So. 3d 1098 Florida District Court of Appeal, Fifth District (2014) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Muzzi v. State, 118 So.3d 933 (Fla. 5th DCA 2013) (citing Geter v. State, 115 So.3d 375 (Fla. 3d DCA 2012)); Kennedy v. State, 106 So.3d 512 (Fla. 5th DCA 2013); Ferrell v. State, 105 So.3d 539 (Fla. 5th DCA 2013); Anderson v. State, 105 So.3d 538 (Fla. 5th DCA 2013).

We certify that this decision conflicts with the decision of the Second District Court of Appeal in Toye v. State, 133 So.3d 540 (Fla. 2d DCA 2014).

GRIFFIN, SAWAYA, and ORFINGER, JJ., concur.


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  • Jacobsen v. State, 248 So. 3d 286 (Fla. 1st DCA 2018)
  • Brown v. State, 199 So. 3d 1010 (Fla. 4th DCA 2016)
    …GERBER, J., dissenting. I respectfully dissent. In one of the cases upon which the majority relies, Perez v. State, 138 So. 3d 1098 (Fla. 1st DCA 2014), our sister court, following its observation that “the State did not present any evidence that law enforcement directed Appellant to stop either before or after he fled,” id. at 1100, later stated: ‘Although there may be a case w…
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  • Wallace v. State, 240 So. 3d 872 (Fla. 1st DCA 2018)

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