State v. Fry

Pursuant to a petition for a writ of cer-tiorari, the state has asked us to review the circuit court’s order affirming the county court’s order suppressing the results of intoxilizer tests. The state contends that the circuit court erred in applying the cer-tiorari standard of review, i.e., departure from the essential requirements of law, rather than the less stringent standard of reversible error. Our standard of review is *530no different. Combs v. State, 436 So.2d 93 (Fla.1983). The state’s contention is linked to the premise that only the legislature may determine the appellate jurisdiction…