Florida District Courts of Appeal, 1992

State v. Allred

Florida District Courts of Appeal · Decided July 8, 1992 · Anstead, Dell, Polen

602 So. 2d 1326; 1992 Fla. App. LEXIS 7828; 1992 WL 153947 (Southern Reporter, Second Series)

Opinion of the Court

POLEN, Judge.

Petition for certiorari is granted on the authority of State v. Diandrea, 602 So.2d 1322 (Fla. 4th DCA 1992).

DELL, J., concurs. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I would deny the petition for certiorari for the reasons stated in my dissenting opinion in State v. Diandrea, 602 So.2d 1322 (Fla. 4th DCA 1992).

ORDER DENYING REHEARING AND GRANTING MOTION TO CERTIFY QUESTION

ORDERED that Respondent’s Motion for Rehearing filed July 22, 1992, is hereby denied; further,

ORDERED that Respondent’s Motion to Certify Question of Great Public Importance filed July 22, 1992, is hereby granted. The question to be certified to the Florida Supreme Court is:

IS A POLICE OFFICER’S REQUEST OF AN INDIVIDUAL ARRESTED FOR DRIVING UNDER THE INFLUENCE TO RECITE THE ALPHABET FROM “C TO W” A TESTIMONIAL RESPONSE WITHIN THE PRIVILEGE AND PROTECTIONS OF THE FIFTH AMENDMENT?

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