State v. Guthrie (692 So. 2d 888, 1997)

PER CURIAM.

We have for review the opinion in State v. Guthrie, 666 So.2d 562 (Fla. 2d DCA 1995), which certified conflict with the opinion in Sapp v. State, 660 So.2d 1146 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

This Court recently approved Sapp and held that an accused may not effectively invoke the right to counsel under the Fifth Amendment of the federal constitution or article I, section 9 of the Florida Constitution until custodial interrogation has begun or is imminent. Sapp v. State, 690 So.2d 581 (Fla.1997). We therefore quash the decision of the district court below and remand for further proceedings.

It is so ordered.

OVERTON, GRIMES, HARDING and WELLS, JJ., concur.

KOGAN, C.J., and SHAW and ANSTEAD, JJ., dissent.