NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
PETER LINSLEY
Appellant,
Appeal No. CRC 06-00055APANO UCN522006AT000055XXXXCR
STATE OF
Appellee.
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Opinion filed _____________________.
Appeal from an Order Denying
Motion to Suppress
entered by the Pinellas County Court
County Judge Paul A. Levine
Eilam Isaak, Esquire
Attorney for Appellant
Nathan T. Vonderheide, Esquire
Attorney for Appellee
ORDER AND OPINION
PETERS, Judge.
THIS MATTER is before the Court on Appellant, Peter Linsley’s appeal from a judgment entered by the Pinellas County Court. The defendant pleaded no contest to Driving Under the Influence but reserved his right to appeal the denial of his motion to suppress. After reviewing the briefs and record, this Court affirms the judgment.
Factual Background and
Trial Court Proceedings
On April 17, 2004, Appellant, Peter Linsley, entered a roadside sobriety checkpoint. Appellant entered a lane where he came in contact with Deputy Curtis Kindle of the Pinellas County Sheriff’s Department. Deputy Kindle noted signs of impairment and requested Appellant perform Field Sobriety Exercises. After Appellant performed poorly on those exercises he was placed under arrest for Driving Under the Influence. The Appellant filed a motion to suppress requesting the trial court to suppress all evidence obtained at the roadside sobriety checkpoint. At hearing on the motion to suppress the State presented the testimony of Deputy Kindle who testified on direct examination without objection. During cross examination the deputy testified that he did not have an independent recollection of the events in question. In final argument on the motion to suppress Appellant’s counsel asked the trial court to grant the motion to suppress because of the lack of independent recollection of Deputy Kindle. The trial court denied the Motion to Suppress.
The Issue
Appellant’s argues that the trial court erred in allowing
testimony, at a suppression hearing, contrary
to the requirements of §
90.803(5)
Standard of Review
Our review of a trial court's ruling on a motion to suppress evidence
involves a mixed question of law and fact. We accord a presumption of
correctness with regard to the trial court's determination of facts where the
trial court's factual findings are supported by competent, substantial
evidence. However, we review the trial court's application of the law to those
facts de novo. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657,
134 L.Ed.2d 911 (1996); Connor v. State, 803 So.2d 598 (Fla.2001); State v. Pruitt, 967 So2d
1021 (
Evidentiary Hearings on Motions to Suppress.
1. Evidentiary
Requirements. The hearing conducted
in the present case was not a trial it was an evidentiary hearing on a motion
to suppress. At a suppression hearing, the court may rely
on hearsay and other evidence, even though that evidence would not be
admissible at trial.
2. The Present
Case. In the present case, Appellant’s point on appeal is that the trial court erred
in allowing testimony contrary to the requirements of § 90.803(5)
Secondly, all of the testimony of Deputy Kindle was before the trial court and became part of
the evidence without contemporaneous objection or motion to strike from the
Appellant. To prevent the admission of
such evidence a timely objection or motion to strike must be made stating the
specific grounds for the objection. § 90.104(1)(a)
Conclusion
The order of the trial
court denying Appellant’s Motion to Suppress should be affirmed.
IT IS THEREFORE ORDERED that the order of the trial court denying Appellant’s Motion to Suppress is affirmed.
ORDERED at
_____________________________
Michael F. Andrews Circuit Court Judge
_____________________________
Raymond O. Gross
Circuit Court Judge
____________________________
R. Timothy Peters
Circuit Court Judge
cc: Honorable Paul A. Levine
Eilam Isaak, Esquire
Office of the State Attorney