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State v. Green

Supreme Court of Florida
Mar 23, 1989
541 So. 2d 106 (Fla. 1989)

Opinion

No. 72998.

March 23, 1989.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. BT-15 (Bay County).

Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for petitioner.

Rhonda S. Martinec of Daniel, Komarek Martinec, Chartered, Panama City, for respondent.


We have for review Green v. State, 528 So.2d 1233 (Fla. 1st DCA 1988), based on express and direct conflict with State v. Wells, 539 So.2d 464 (Fla. 1989) (on rehearing). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court below expressly relied on the holding of Miller v. State, 403 So.2d 1307 (Fla. 1981), superseded by Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987) as recognized in State v. Wells, 539 So.2d 464 (Fla. 1989) (on rehearing). Accordingly, we quash the opinion below and remand for reconsideration in light of Wells.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.


Summaries of

State v. Green

Supreme Court of Florida
Mar 23, 1989
541 So. 2d 106 (Fla. 1989)
Case details for

State v. Green

Case Details

Full title:STATE OF FLORIDA, PETITIONER, v. MICHAEL W. GREEN, RESPONDENT

Court:Supreme Court of Florida

Date published: Mar 23, 1989

Citations

541 So. 2d 106 (Fla. 1989)

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