Peters v. State

Full title: KATHY LYNN PETERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 29, 1995

651 So. 2d 1316 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1114.

March 29, 1995.

Appeal from the Circuit Court for Palm Beach County; Edward Rodgers, Judge.

Robert A. Kanziger of Law Office of Robert A. Kanziger, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia Ann Ash, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The appellant challenges the trial court's denial of her motion to suppress, citing for support Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979), and United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977). These cases were overruled four years ago by California v. Acevedo, 500 U.S. 565, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991). Florida is bound by this decision. See Fla. Const. art. I, § 12. Acevedo also effectively overrules Manee v. State, 457 So.2d 530 (Fla. 2d DCA 1984), rev. denied, 464 So.2d 556 (Fla. 1985). The order of the trial court is affirmed.

DELL, C.J., and WARNER and PARIENTE, JJ., concur.