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541 So. 2d 106

541 So.2d 106

14 Fla.L.Weekly 136

State v. Green

Supreme Court of Florida

Decided March 23, 1989

Supreme Court of Florida · decided 1989-03-23

Relies on Colorado v. Bertine · 539 So. 2d 464 - State v. Wells · 403 So. 2d 1307 - Miller v. State

Decided 1989-03-23

BARKETT, Justice.

¶1We 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 The district court below expressly relied on the holding of Miller v. State, 403 So.2d 1307 (Fla.1981), superseded by Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987) as recognized in State v. Wells, 539 So.2d 464 (Fla.1989) (on rehearing).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.

¶2It is so ordered.

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