State v. Crook

Full title: STATE OF FLORIDA, APPELLANT, v. KEVIN FRANKLIN CROOK, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jun 30, 1988

527 So. 2d 938 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-184.

June 30, 1988.

An Appeal from the County Court for Duval County; Sharon Tanner, Judge.

Robert A. Butterworth, Atty. Gen., John Koenig, Asst. Atty. Gen., for appellant.

Raymond A. David, Jr., Jacksonville, for appellee.

WENTWORTH, Judge.

The state seeks review of a suppression order entered in a prosecution for driving under the influence of alcoholic beverages. The case is before this court upon certification by the county court pursuant to Fla.R. App.P. 9.030(b)(4)(B). We conclude that the court below erred by suppressing evidence of appellee's refusal to submit to a breath test after arrest. See State v. Castillo, 528 So.2d 1221 (Fla. 1st DCA 1988); Rice v. State, 525 So.2d 509 (Fla. 4th DCA 1988). We therefore reverse the order appealed and remand the cause for further proceedings.

MILLS and BARFIELD, JJ., concur.