State v. Arnold

District Court of Appeal of Florida

State v. Arnold

579 So. 2d 902, 1991 Fla. App. LEXIS 4978, 1991 WL 88808

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 1991

DocketNo. 89-1549

StatusPublished

Cited by4 cases

This text of 579 So. 2d 902 (State v. Arnold) is published on Counsel Stack Legal Research, covering District Court of Appeal 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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State v. Arnold, 579 So. 2d 902, 1991 Fla. App. LEXIS 4978, 1991 WL 88808 (Fla. Ct. App. 1991).

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Opinions

ON MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC

PER CURIAM.

Although we deny appellee’s motion for rehearing, we substitute this opinion for the opinion issued January 31, 1990:

Upon the motion for rehearing and motion for rehearing en banc filed by appellee, this court voted to consider the issue en banc. We have now reviewed the opinion of the United States Supreme Court in California v. Hodari, — U.S.-, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991), which we find dispositive.

Accordingly, the court voted to dis-en banc. Appellee’s motion for rehearing is denied, the order of the trial court suppressing the evidence is reversed and the cause remanded for further proceedings.

DELL and POLEN, JJ., concur. GARRETT, J., concurs specially with opinion.

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