STATE v. CASTILLO

No. 87-200.

528 So.2d 1221 (1988)

STATE of Florida, Appellant, v. Hal Stephen CASTILLO, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 16, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., John W. Tiedemann, Asst. Atty. Gen., for appellant.

Lacy Mahon, Jr., and Mark H. Mahon, Jacksonville, for appellee.


WENTWORTH, Judge.

The state seeks review of a suppression order entered in a prosecution for driving under the influence of alcoholic beverages. The case is before this court upon certification by the county court pursuant to Fla.R. App.P. 9.030(b)(4)(B). We conclude that the court below erred by suppressing evidence of appellee's refusal to submit to a breath test after arrest, and we therefore reverse the order appealed.

Appellee was stopped by a law enforcement...

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