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State v. Masker

District Court of Appeal of Florida, Fifth District
Nov 21, 2003
859 So. 2d 553 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 5D03-2092.

Opinion filed November 21, 2003.

An Appeal from the County Court for Volusia County, Freddie J. Worthen, Judge.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellant.

David D. Ege, Daytona Beach, for Appellee.


This is the State's appeal of the trial court's order suppressing evidence consisting of urine test results on the authority of State v. Bodden, 27 Fla. L. Weekly D2382 (Fla. 2d DCA Oct. 30, 2002), review granted, 853 So.2d 1071 (Fla. 2003). We recently decided State v. Pierre, 854 So.2d 231 (Fla. 5th DCA 2003), in which we disagreed with Bodden, reversed the suppression order and certified conflict with Bodden. Following Pierre, we again reverse the appealed order and certify conflict with Bodden.

This case was certified to be one of great public importance. See Fla.R.App.P. 9.160(e)(2).

REVERSED and REMANDED.

SHARP, W., and PETERSON, JJ., concur.


Summaries of

State v. Masker

District Court of Appeal of Florida, Fifth District
Nov 21, 2003
859 So. 2d 553 (Fla. Dist. Ct. App. 2003)
Case details for

State v. Masker

Case Details

Full title:STATE OF FLORIDA, Appellant, v. JENNIFER MASKER, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 21, 2003

Citations

859 So. 2d 553 (Fla. Dist. Ct. App. 2003)

Citing Cases

State v. Serafine

See Fla.R.App.P. 9.160(e)(2).See also State v. Masker, 859 So.2d 553 (Fla. 5th DCA 2003). REVERSED and…