State v. Green
This text of 541 So. 2d 106 (State v. Green) 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.
Opinion
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 The district court below expressly relied on the holding of Miller v. State, 403 So.2d 1307 (Fla.1981), superseded by Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987) as recognized in State v. Wells, 539 So.2d 464 (Fla.1989) (on rehearing).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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
541 So. 2d 106, 14 Fla. L. Weekly 136, 1989 Fla. LEXIS 183, 1989 WL 27658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-fla-1989.