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

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.