WOLF v. COUNTY OF VOLUSIA

No. 88146.

703 So.2d 1033 (1997)

James J. WOLF, Petitioner, v. COUNTY OF VOLUSIA, Respondent.

Supreme Court of Florida.

Rehearing Denied January 8, 1998.


Attorney(s) appearing for the Case

Kirk N. Kirkconnell and David A. Henson of Kirkconnell, Lindsey, Snure & Henson, P.A., Winter Park, for Petitioner.

Kelly A. Greene, Assistant County Attorney, DeLand, for Respondent.

Terrence E. Kehoe of the Law Offices of Terrence E. Kehoe, Orlando; and James M. Russ and Tad A. Yates of the Law Offices of James M. Russ, P.A., Orlando, for the National Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers, Amici Curiae.

Robert S. Glazier, Miami, for Bobby Fijnje, Amicus Curiae.

David G. Tucker, County Attorney and Nancy Stuparich, Assistant County Attorney, Pensacola, for Escambia County, Florida, Amicus Curiae.

Lonnie N. Groot, Deputy County Attorney and Susan E. Dietrich, Assistant County Attorney, Sanford, for Seminole County, Florida, Amicus Curiae.

Jorge L. Fernandez, County Attorney and Suzanne T. Smith, Senior Assistant County Attorney, Clearwater, for the Florida Association of County Attorneys, Inc. and Pinellas County, Florida, Amici Curiae.


SHAW, Justice.

We have for review County of Volusia v. Wolf, 672 So.2d 563 (Fla. 5th DCA 1996), based on conflict with Dinauer v. State, 317 So.2d 792 (Fla. 1st DCA 1975), and Powell v. State, 314 So.2d 788 (Fla. 2d DCA 1975). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve Wolf.

Wolf was arrested, charged...

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