Which of these cases is binding or mandatory primary authority on the Broward County Circuit Court? Mitchell v. State: A case decided by Florida's Third District Court of Appeal holding that the defendant was in "actual physical control" of his vehicle. The defendant was found parked in the parking lot of a restaurant sleeping behind the driver's seat with his left hand on the steering wheel. The keys were in the ignition, and the car had its lights and engine off. Kendrick v. State: A case decided by the United States Supreme Court applying Florida's DUI statute and affirming the defendant's conviction because he was in "actual physical control" of the vehicle. The defendant was in the parking lot of a restaurant sleeping behind the driver's seat. The keys were in the ignition, and the car had its lights and engine off