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In the case of Wheeler vs. State of Florida, the fifth District Court of Appeal ruled as follows: The district court withdrew its opinion issued on October 21, 2011, and replaced it with this opinion denying defendant's motion for a rehearing on his DUI manslaughter conviction. Defendant contends that the trial court utilized the incorrect standard of review for the suppression hearing when the court considered the evidence in the light most favorable to the prosecution. The district court agreed however noted that the defendant did not raise an objection in the suppression hearing and didn't raise a claim of fundamental error in its initial brief to the district court. The district court noted that Lewis v. State, 979 So. 2d 1197, 2000 (Fla. 4th DCA 2008), sets forth the correct standard for review in a suppression hearing [and recedes from the language in State v. Johnson, 695 So. 2d 771 (Fla. 5th DCA 1997)]. This case summary is provided to you by Broward County DUI Attorney Michael Dye. For more information, please contact Mr. Dye at (954)745-5848 OR visit the firm website by clicking here: florida dui lawyer.
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