Florida District Courts of Appeal, 2003

Brestle v. Bluewater Tradegroup, Inc.

Brestle v. Bluewater Tradegroup, Inc.
Florida District Courts of Appeal · Decided December 10, 2003 · Gunther, Shahood, Warner
860 So. 2d 528; 2003 Fla. App. LEXIS 18716; 2003 WL 22902591 (Southern Reporter, Second Series)

Brestle v. Bluewater Tradegroup, Inc.

Opinion of the Court

PER CURIAM.

Gary C. Brestle petitions for a writ of certiorari from a discovery order compelling him to answer interrogatories and document requests over his assertion of the Fifth Amendment privilege against self-incrimination. Because the trial court failed to properly address the claims as explained in Magid v. Winter, 654 So.2d 1037, 1039 (Fla. 4th DCA 1995), we grant the writ in part, quash the order to compel, and remand this cause for proceedings in accordance with Magid.

We deny the writ as to the part of the order compelling a response to interrogatory number three which required petitioner to answer whether he had been convicted of prior crimes. The Fifth Amendment privilege protects a person from making *529statements that might be used β€œto prove a crime against him.” See id. at 1038-39. It does not prevent the inquiry into prior convictions which might be used for purposes of determining an appropriate sentence.

GUNTHER, WARNER and SHAHOOD, JJ., concur.

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