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State v. Cook

District Court of Appeal of Florida, Second District
Aug 23, 1995
659 So. 2d 473 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-04529.

August 23, 1995.

Appeal from a nonfinal order of the Circuit Court for Pinellas County; Patrick K. Caddell, Acting Circuit Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.

Victor J. Pellegrino of Bauer, Crider Pellegrino, Tampa, for appellee.


In this DUI proceeding, the trial court suppressed two items: (1) a statement by the appellee, and (2) the appellee's refusal to take a field sobriety test. The state appeals. We affirm as to the first item of evidence and reverse as to the second.

In January of this year our supreme court answered a certified question from this court asking "IS A DUI SUSPECT'S REFUSAL TO SUBMIT TO PRE-ARREST FIELD SOBRIETY TESTS ADMISSIBLE IN EVIDENCE?" The supreme court answered that question in the affirmative, establishing the rule that the refusal to take a field sobriety test may be admitted at trial against the defendant. State v. Taylor, 648 So.2d 701 (Fla. 1995).

Accordingly, we affirm the trial court's exclusion of the first item of evidence and reverse the trial court's exclusion of the appellee's refusal to take the field sobriety test.

Reversed in part and affirmed in part, and remanded for further proceedings.

THREADGILL, C.J., and DANAHY and BLUE, JJ., concur.


Summaries of

State v. Cook

District Court of Appeal of Florida, Second District
Aug 23, 1995
659 So. 2d 473 (Fla. Dist. Ct. App. 1995)
Case details for

State v. Cook

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. JON MITCHELL COOK, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 23, 1995

Citations

659 So. 2d 473 (Fla. Dist. Ct. App. 1995)