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State v. Guthrie

State v. Guthrie, 692 So. 2d 888 (Fla. 1997)
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Court
Supreme Court of Florida · State Highest Courts
Decided
May 1, 1997
Docket
No. 87331
Judges
Per Curiam
Citations
692 So. 2d 8881997 WL 211575

Opinion — Per Curiam

692 So.2d 888 (1997)

STATE of Florida, Petitioner,

v.

Steve GUTHRIE, Respondent.

No. 87331.

Supreme Court of Florida.

May 1, 1997.

Robert A. Butterworth, Attorney General; Robert J. Krauss, Senior Assistant Attorney General and John M. Klawikofsky, Assistant Attorney General, Tampa; and Earl Moreland, State Attorney and Peter J. Lombardo, Assistant State Attorney, Sarasota, for Petitioner.

James Marion Moorman, Public Defender and Kevin Briggs, Assistant Public Defender, Tenth Judicial Circuit, Bartow, for Respondent.

*889 PER CURIAM.

We have for review the opinion in State v. Guthrie, 666 So.2d 562 (Fla. 2d DCA 1995), which certified conflict with the opinion in Sapp v. State, 660 So.2d 1146 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

This Court recently approved Sapp and held that an accused may not effectively invoke the right to counsel under the Fifth Amendment of the federal constitution or article I, section 9 of the Florida Constitution until custodial interrogation has begun or is imminent. Sapp v. State, 690 So.2d 581 (Fla. 1997). We therefore quash the decision of the district court below and remand for further proceedings.

It is so ordered.

OVERTON, GRIMES, HARDING and WELLS, JJ., concur.

KOGAN, C.J., and SHAW and ANSTEAD, JJ., dissent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1997: 31999: 12003: 119972026peak 1997 · 3

Relies on it most ⓘ

  1. Thomas v. State748 So. 2d 970 (Fla. 1999)
  2. Ault v. State866 So. 2d 674 (Fla. 2003)
  3. Cullen v. State699 So. 2d 1009 (Fla. 1997)
  4. State v. Baez704 So. 2d 693 (Fla. Dist. Ct. App. 1997)
  5. State v. Martinez-Yanez701 So. 2d 627 (Fla. Dist. Ct. App. 1997)

Most recent

  1. Ault v. State866 So. 2d 674 (Fla. 2003)
  2. Thomas v. State748 So. 2d 970 (Fla. 1999)
  3. State v. Baez704 So. 2d 693 (Fla. Dist. Ct. App. 1997)
  4. State v. Martinez-Yanez701 So. 2d 627 (Fla. Dist. Ct. App. 1997)
  5. Cullen v. State699 So. 2d 1009 (Fla. 1997)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Sapp v. State, 660 So. 2d 1146 (Fla. Dist. Ct. App. 1995) 7
Sapp v. State, 690 So. 2d 581 (Fla. 1997) 49
State v. Guthrie, 666 So. 2d 562 (Fla. Dist. Ct. App. 1995) 10

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