4D06-4666-State v. Buttolph*

State: Florida

Court: Florida Fourth District Court

Docket No: 4D06-4666

Case Date: 12/12/2007

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2007

STATE OF FLORIDA, Appellant, v. MICHAEL BUTTOLPH, Appellee. No. 4D06-4666 [December 12, 2007] KLEIN, J. The state appeals a county court non-final order in a DUI case to the effect that the annual inspection reports of breath testing instruments are testimonial under Crawford v. Washington, 541 U.S. 36 (2004). The court certified the question to this court as one of great public importance. We have discretionary jurisdiction to review such an order. State v. Ratner, 948 So. 2d 700 (Fla. 2007). Shortly after the state's initial brief was filed, we held in Pflieger v. State, 952 So. 2d 1251 (Fla. 4th DCA 2007), that these annual inspection reports are nontestimonial under Crawford, which is contrary to the trial court's ruling. As this issue has been resolved by Pflieger, we need not further address the certified question. Because this case, and numerous others on appeal, raising the same certified question, will be remanded for trial, we address an issue raised here, as well as below, which was not reached in the trial court. That issue is whether it is always necessary to prove the annual inspection. We hold that it is necessary only where the annual inspection was the most recent inspection.

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