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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
September 21, 2004 Session

STATE OF TENNESSEE v. CRAIG S. COOK
Appeal from the Criminal Court for Wilson County
No. 01-1618 John D. Wootten, Jr., Judge

No. M2002-02460-CCA-R3-CD - Filed December 9, 2004
The Appellant, Craig S. Cook, presents for review a certified question of law.  See Tenn. R. Crim.
P. 37(b)(2)(i).  Cook pled guilty to Driving Under the Influence (DUI), first offense, and was sentenced to eleven months, twenty-nine days jail confinement, to be suspended after service of ten days.  As a condition of his guilty plea, Cook explicitly reserved a certified question of law challenging the denial of his motion to suppress the results of a blood alcohol test administered by a private hospital in the course of medical treatment. Cook argues that the procedures utilized to obtain the results of the test violated both his  constitutional right to privacy and due process.  On appeal, the State asserts that the question presented is not dispositive and, thus, this court is without jurisdiction to hear this appeal. After review, we agree that the certified question is not dispositive. Accordingly, the appeal is dismissed.

Tenn. R. App. P. 3; Appeal Dismissed
DAVID G. HAYES, J., delivered the opinion of the court, in which JERRY L. SMITH and THOMAS T. WOODALL, JJ., joined.
Frank Lannom, Lebanon, Tennessee, for the Appellant, Craig S. Cook.
Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Helen Walton Yarbrough, Assistant Attorney General; Jerry Hunt, Assistant District Attorney General, for the Appellee, State of Tennessee.
OPINION

Factual Background
At approximately 7:00 p.m. on August 24, 2001, the Appellant was involved in a single vehicle accident. Upon arriving at the scene, Trooper Steve Chapman observed the Appellant

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Tennessee Law