State v. Finelli

District Court of Appeal of Florida

Decided September 1, 1999

District Court of Appeal of Florida · decided 1999-09-01

Cited by 2 later decisions — most recently June 2001

1 state decisions

Key passage — most relied on by later courts

“IN FELONY DUI CASES BE IDENTICAL WITH HOW THE TERM IS DEFINED IN STATE V. SNYDER, 673 So.2d 9 (Fla.1996), GIVEN THE FACT THAT IN BOTH CASES A PRIOR”

quoted by 1 later decision, including 780 So. 2d 31 - State v. Finelli

Relies on 673 So. 2d 9 - State v. Snyder

Good law ✅— No negative treatment on recordhow we know

Decided 1999-09-01

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¶1ON MOTION FOR REHEARING OR REHEARING EN BANC AND/OR CERTIFICATION OF A QUESTION OF GREAT PUBLIC IMPORTANCE

PER CURIAM.

¶2We deny the State’s motions for rehearing or rehearing en banc, but grant its motion to certify a question of great public importance. Accordingly, we certify the *1056following question to be of great public importance:

SHOULD THE DEFINITION OF “CONVICTION” IN FELONY DUI CASES BE IDENTICAL WITH HOW THE TERM IS DEFINED IN STATE V. SNYDER, 673 So.2d 9 (Fla.1996), GIVEN. THE FACT THAT IN BOTH CASES A PRIOR “CONVICTION” IS AN ELEMENT OF THE SUBSTANTIVE OFFENSE AND THE LEGISLATURE INTENDED TO PROTECT THE GENERAL PUBLIC FROM DANGEROUS INSTRUMENTALITIES SUCH AS FIREARMS AND MOTOR VEHICLES IN THE HANDS OF DRUNK DRIVERS?

¶3GUNTHER, GROSS and HAZOURI, JJ., concur.