State v. Platt

District Court of Appeal of Florida

State v. Platt

630 So. 2d 1135, 1993 Fla. App. LEXIS 9504, 1993 WL 372183

District Court of Appeal of Florida·Decided September 22, 1993·No. No. 91-03750·Published

Opinion

PARKER, Judge.

The State of Florida challenges the order of the county court of Pinellas County which granted the motion to exclude breath test results from evidence in this prosecution for driving under the influence. We have accepted jurisdiction pursuant to Florida Rule of Appellate Procedure 9.160(e)(2).

We conclude after reviewing the record and briefs that this appeal is controlled by our opinions of State v. Berger, 605 So.2d 488 (Fla. 2d DCA 1992) and State v. Folsom, 630 So.2d 1129 (Fla. 2d DCA 1993). We, therefore, reverse the trial court’s order and remand for further proceedings consistent with this opinion.

Reversed and remanded.

RYDER, A.C.J., and PATTERSON, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PARKER, Judge.

The State of Florida challenges the order of the county court of Pinellas County which granted the motion to exclude breath test results from evidence in this prosecution for driving under the influence. We have accepted jurisdiction pursuant to Florida Rule of Appellate Procedure 9.160(e)(2).

We conclude after reviewing the record and briefs that this appeal is controlled by our opinions of State v. Berger, 605 So.2d 488 (Fla. 2d DCA 1992) and State v. Folsom, 630 So.2d 1129 (Fla. 2d DCA 1993). We, therefore, reverse the trial court’s order and remand for further proceedings consistent with this opinion.

Reversed and remanded.

RYDER, A.C.J., and PATTERSON, J., concur.

State v. Platt, 630 So. 2d 1135, 1993 Fla. App. LEXIS 9504, 1993 WL 372183 (Fla. Ct. App. 1993).

Pincite

630 So. 2d 1135 (State v. Platt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related