IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN
AND
APPELLATE
DIVISION
STATE OF
Appellant,
vs.
Appeal No. CRC 03-00018 APANO
UCN522003AP000018XXXXCR
EVELYN ORTIZ,
Appellee.
____________________________________/
Opinion
filed ________________________
Appeal
from Order Motion to Exclude Refusal
Judge
Paul Levine
Stephanie
Thompson, Assistant State Attorney
Attorney
for Appellant
Kiersten
Jensen, Assistant Public Defender
Attorney
for Appellee
THIS CAUSE came before the Court on appeal filed by the State from the Order granting the Defendant’s Motion to Exclude Refusal of Urine Test, entered February 28, 2003. Upon review of the briefs, the record, and being otherwise fully advised, the Court reverses the order as set forth below.
The record shows that, on March 20, 2002, Ortiz was arrested
and charged with DUI. Ortiz failed
the field sobriety tests and the breathalyzer test results were .074 and .069.
Law enforcement then requested Ortiz to submit a urine sample after
reading her
Even without a transcript of the hearing below, the Court
finds that the trial court’s order must be reversed. See Kanter v. Kanter, 850 So.2d
682, 684 (
Therefore, it is,
ORDERED AND ADJUDGED that the Order is reversed
and this cause is remanded to the trial court for action consistent with this
order and opinion.
DONE AND ORDERED in Chambers, at
___________________________________
ROBERT J. MORRIS, JR.
Circuit Judge
___________________________________
IRENE SULLIVAN
Circuit Judge
___________________________________
DAVID A. DEMERS
Circuit Judge
Copies furnished to:
Judge Paul Levine
Stephanie Thompson, Assistant State Attorney
Kiersten Jensen, Assistant Public Defender