SC02-619 - Joseph Mcbride V. State Of Florida

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SC02-619 - Joseph Mcbride V. State Of Florida

State: Florida

Court: Supreme Court

Docket No: SC02-619

Case Date: 09/30/2004

Preview:Supreme Court of Florida
____________ No. SC02-619 ____________ JOSEPH MCBRIDE, Petitioner, vs. STATE OF FLORIDA, Respondent. [September 30, 2004] PER CURIAM. We have for review McBride v. State, 816 So. 2d 656 (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,

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