Searles v. State

Decided September 30, 2004

Supreme Court of Florida · decided 2004-09-30

Cited by 61 later decisions — most recently June 2019 · most notably Evans v. State (2006), 965 So. 2d 79 - Franklin v. State (2007)

2 federal appellate · 59 state decisions

Relies on 867 So. 2d 384 - Cardenas v. State · Holmes-Taylor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-09-30

View the full empirical analysis of this case →

PER CURIAM.

¶1We have for review the decision in Searles v. State, 816 So.2d 793 (Fla. 2d DCA 2002), which expressly and directly conflicts with this Court’s decision in Cardenas v. State, 867 So.2d 384 (Fla.2004), on the harmless error analysis to be applied in DUI cases in which an instruction on the statutory presumption of impairment is given in error. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We accept this ease for review, quash the decision of the Second District Court of Appeal, and -remand for reconsideration in light of our opinion in Cardenas.

¶2It is so ordered.

PARIENTE, C.J., and ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.WELLS and QUINCE, JJ., dissent.