STATE OF FLORIDA, APPELLANT,
v.
KEVIN FRANKLIN CROOK, APPELLEE
STATE OF FLORIDA, APPELLANT,
KEVIN FRANKLIN CROOK, APPELLEE
527 So. 2d 938
Florida District Court of Appeal, First District (1988)
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rice v. State, 525 So. 2d 509 (Fla. 4th DCA 1988)
- State v. Hal Stephen Castillo, 528 So. 2d 1221 (Fla. 1st DCA 1988)