5D01-2822 State v. Anders

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-2822

Case Date: 02/11/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

STATE OF FLORIDA, Petitioner, v. WANDA JEAN ANDERS, Respondent. / Decision Filed February 15, 2002 Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity. Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Petitioner. Stuart I. Hyman of Stuart I. Hyman, P.A., Orlando, for Respondent. ON MOTIONS FOR REHEARING AND CERTIFICATION Case No. 5D01-2822

PER CURIAM. DENIED.

THOMPSON, C.J., and GRIFFIN, J., concur. PLEUS, J., dissenting, with opinion.

CASE NO. 5D01-2822

PLEUS, J. I respectfully dissent. I would deny the motion for rehearing, but grant the motion for certification and certify to the Supreme Court of Florida a question of great public importance on the following issue: IS THERE A CONSTITUTIONAL RIGHT TO CONSULT WITH COUNSEL AFTER REFUSING TO SUBMIT TO A BREATH TEST?

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