Florida District Courts of Appeal, 2002

State v. Anders

Florida District Courts of Appeal · Decided February 15, 2002 · Griffin, Pleus, Thompson

807 So. 2d 185; 2002 Fla. App. LEXIS 1668; 2002 WL 334997 (Southern Reporter, Second Series)

Opinion of the Court

ON MOTIONS FOR REHEARING AND CERTIFICATION

PER CURIAM.

DENIED.

THOMPSON, C.J., and GRIFFIN, J., concur. PLEUS, J., dissenting, with opinion.

Dissenting Opinion

PLEUS, Judge,

dissenting.

I respectfully dissent. I would deny the motion for rehearing, but grant the motion for certification and certify to the Supreme Court of Florida a question of great public importance on the following issue:

IS THERE A CONSTITUTIONAL RIGHT TO CONSULT WITH COUNSEL AFTER REFUSING TO SUBMIT TO A BREATH TEST?

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