STATE OF FLORIDA, PETITIONER,
v.
GINO J. GEMIGNANI, RESPONDENT
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PER CURIAM.
The state initially filed an appeal pursuant to Florida Rule of Appellate Procedure 9.160(a) from an order suppressing respondent’s refusal to submit to a field sobriety test and a video tape of his conduct and demeanor following his arrest. In its order the county court certified a question of great public importance. On December 21, 1988, this court issued an order accepting jurisdiction, but because the order on appeal is nonfinal, we treated the notice of appeal as a petition for writ of certiorari. Upon further consideration, however, we can discern no meaningful distinction between this case and State v. Townsend, 479 So. 2d 306 (Fla. 2d DCA 1985), in which we held that we lacked jurisdiction to entertain an appeal from a nonfinal order of a county court suppressing the results of a blood alcohol test. Accordingly, we rescind our prior order and, consistent with Townsend, transfer this matter to the Circuit Court of Pinellas County for disposition within its certiorari jurisdiction in accordance with Florida Rules of Appellate Procedure 9.030(c)(2) and (3).
DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
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Blore v. Fierro, 636 So. 2d 1329 (Fla. 1994)…t, pursuant to the rule, the State could appeal a trial court order that suppressed the results of Blore’s breath test. The district court acknowledged that the Second District Court of Appeal had come to a contrary conclusion in State v. Gemignani, 545 So. 2d 929 (Fla. 2d DCA 1989), and State v. Townsend, 479 So. 2d 306 (Fla. 2d DCA 1985), and certified conflict. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we hold that a breathalyzer test is a “search” within the meaning…
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Blore v. Hon. Eugene J. Fierro, 618 So. 2d 762 (Fla. 3d DCA 1993)…erber, should also be deemed a search. Skinner, 489 U.S. at 616-617, 109 S.Ct. at 1412. Based upon the above analysis, we disagree with the Second District’s holdings in State v. Townsend, 479 So. 2d 306 (Fla. 2d DCA 1985), and State v. Gemignani, 545 So. 2d 929 (Fla. 2d DCA 1989), that a breath test was not “evidence obtained by search and seizure” and certify conflict. Because petitioner’s suppressed breath test result was evidence obtained by a search, the Circuit Court, Appellate Division has jurisdicti…
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State v. FRY, 621 So. 2d 529 (Fla. 2d DCA 1993)…sible error in suppressing the evidence. Petition granted. FRANK, C.J., and PARKER and PATTERSON, JJ., concur. . The Third District has recently certified conflict with State v. Townsend, 479 So. 2d 306 (Fla. 2d DCA 1985), and State v. Gemignani, 545 So. 2d 929 (Fla. 2d DCA 1989), in Blore v. Fierro, 618 So. 2d 762 (Fla. 3d DCA 1993). Apparently, the difference between the two constitutional provisions was not brought to the courts' attention in those cases. In any event, those cases involved the jurisdict…
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