State v. Green

Supreme Court of Florida
State v. Green, 541 So. 2d 106 (Fla. 1989)
14 Fla. L. Weekly 136; 1989 Fla. LEXIS 183; 1989 WL 27658
Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

State v. Green

Opinion of the Court

BARKETT, Justice.

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 The district court below expressly relied on the holding of Miller v. State, 403 So.2d 1307 (Fla. 1981), superseded by Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987) as recognized in State v. Wells, 539 So.2d 464 (Fla. 1989) (on rehearing).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.

EHRLICH, C.J., and OVERTON, McDonald, SHAW, GRIMES and KOGAN, JJ., concur.

Reference

Full Case Name
STATE of Florida v. Michael W. GREEN
Cited By
2 cases
Status
Published