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GARY PAUL SPROULE, Appellant, v. STATE OF FLORIDA, Appellee.

ON MOTION FOR REHEARING

POLEN, J.

We deny appellant's motion for rehearing but certify the following question to the Florida Supreme Court:

WHETHER A DRIVING RECORD AS CONTEMPLATED IN SECTION 322.201, FLORIDA STATUTES, IS TESTIMONIAL IN NATURE, AND THEREFORE A DEFENDANT HAS A SIXTH AMENDMENT RIGHT UNDER CRAWFORD V. WASHINGTON, 541 U.S. 36 (2004), TO CONFRONT AND CROSS-EXAMINE A WITNESS CONCERNING THE COMPILATION OF THAT RECORD?

SHAHOOD and TAYLOR, JJ., concur.

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SPROULE v. STATE, 4D04-4598 (Fla.App. 4 Dist. 5-17-2006)
(May 17, 2006)