State v. Hancock

District Court of Appeal of Florida

State v. Hancock

584 So. 2d 221, 1991 Fla. App. LEXIS 8154, 1991 WL 158588

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 1991

DocketNo. 91-1740

StatusPublished

This text of 584 So. 2d 221 (State v. Hancock) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hancock, 584 So. 2d 221, 1991 Fla. App. LEXIS 8154, 1991 WL 158588 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Petitioner seeks certiorari review of a circuit court order entered in its appellate capacity. The circuit court order on review dismisses the state’s appeal of a county court order. The county court order precluded, on constitutional grounds, the admission into evidence of the results of field sobriety tests administered to the respondent/defendant.

We agree with the state that the circuit court departed from the essential requirements of law in finding that the state could not appeal the county court’s order pursuant to rule 9.140(c)(1)(B), Florida Rules of Appellate Procedure. The state correctly points out that rule 9.140(c)(1)(B) has been broadly construed to give the state direct appellate review of pretrial orders which suppress, on constitutional grounds, evidence obtained by law enforcement personnel from defendants. See State v. Pal-more, 495 So.2d 1170 (Fla.1986); State v. Segura, 378 So.2d 1240 (Fla. 2d DCA 1979).

Accordingly, we grant the petition for writ of certiorari, quash the circuit court’s order dismissing the state’s appeal, and remand for further proceedings.

GUNTHER and POLEN, JJ., concur. LETTS, J., dissents without opinion.

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PER CURIAM.

Petitioner seeks certiorari review of a circuit court order entered in its appellate capacity. The circuit court order on review dismisses the state’s appeal of a county court order. The county court order precluded, on constitutional grounds, the admission into evidence of the results of field sobriety tests administered to the respondent/defendant.

We agree with the state that the circuit court departed from the essential requirements of law in finding that the state could not appeal the county court’s order pursuant to rule 9.140(c)(1)(B), Florida Rules of Appellate Procedure. The state correctly points out that rule 9.140(c)(1)(B) has been broadly construed to give the state direct appellate review of pretrial orders which suppress, on constitutional grounds, evidence obtained by law enforcement personnel from defendants. See State v. Pal-more, 495 So.2d 1170 (Fla.1986); State v. Segura, 378 So.2d 1240 (Fla. 2d DCA 1979).

Accordingly, we grant the petition for writ of certiorari, quash the circuit court’s order dismissing the state’s appeal, and remand for further proceedings.

GUNTHER and POLEN, JJ., concur. LETTS, J., dissents without opinion.

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Bluebook (online)

584 So. 2d 221, 1991 Fla. App. LEXIS 8154, 1991 WL 158588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hancock-fladistctapp-1991.

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