STATE v. HEMMERLY

No. 98-1942

723 So.2d 324 (1998)

STATE of Florida, Petitioner, v. Scott HEMMERLY, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 13, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Tylke, Assistant Attorney General, Daytona Beach, for Petitioner.

David A. Henson of Kirkconnell, Lindsey, Snure, and Henson, P.A., Winter Park, for Respondent.


ANTOON, J.

The state petitions this court to issue a writ of certiorari quashing the circuit court's decision which reversed the county court's denial of Scott Hemmerly's motion to suppress. We grant the petition because the circuit court failed to adhere to the essential requirements of law when it applied the wrong statute in determining whether probable cause existed for Mr. Hemmerly's arrest, and this failure resulted in a miscarriage of justice. See Haines...

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