State v. Jennifer Masker

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 STATE OF FLORIDA, Appellant, CASE NO. 5D03-2092 v. JENNIFER MASKER, Appellee. ______________________________/ Opinion filed November 21, 2003 9.160 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. GRIFFIN, J. 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).1 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. REVERSED and REMANDED. 1 This case was certified to be one of great public importance. See Fla. R. App. P. 9.160(e)(2). SHARP, W., and PETERSON, JJ., concur. -2-

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