Opinion
No. SC02-1254.
September 30, 2004.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Second District — Case No. 2D00-2781 (Lee County).
James Marion Moorman, Public Defender and Jeffrey Sullivan, Special Assistant Public Defender, Twentieth Judicial Circuit, Bartow, FL, for Petitioner.
Charles J. Crist, Jr., Attorney General and Susan D. Dunlevy, Assistant Attorney General, Tampa, FL, for Respondent.
We have for review the decision in Searles v. State, 816 So.2d 793 (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, § 3(b)( 3), Fla. Const. We accept this case for review, quash the decision of the Second District Court of Appeal, and remand for reconsideration in light of our opinion in Cardenas.
It is so ordered.
PARIENTE, C.J., and ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.
WELLS and QUINCE, JJ., dissent.