McBride v. State

Supreme Court of Florida

McBride v. State

885 So. 2d 337, 29 Fla. L. Weekly Supp. 549, 2004 Fla. LEXIS 1550, 2004 WL 2192222

CourtSupreme Court of Florida

DecidedSeptember 30, 2004

DocketNo. SC02-619

StatusPublished

This text of 885 So. 2d 337 (McBride v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McBride v. State, 885 So. 2d 337, 29 Fla. L. Weekly Supp. 549, 2004 Fla. LEXIS 1550, 2004 WL 2192222 (Fla. 2004).

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PER CURIAM.

We have for review McBride v. State, 816 So.2d 656 (Fla. 2d DCA 2002), which [338]*338expressly 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 case 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, J., dissents with an opinion, in which QUINCE, J., concurs.

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PER CURIAM.

We have for review McBride v. State, 816 So.2d 656 (Fla. 2d DCA 2002), which [338]*338expressly 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 case 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, J., dissents with an opinion, in which QUINCE, J., concurs.

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885 So. 2d 337, 29 Fla. L. Weekly Supp. 549, 2004 Fla. LEXIS 1550, 2004 WL 2192222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-state-fla-2004.

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