
    STATE OF FLORIDA v YEOMAN
    Case No. 89-0047-AC A02 (County Court Case No. 89-15401-TC A02)
    Fifteenth Judicial Circuit, Palm Beach County
    September 14, 1989 and November 29, 1989
    APPEARANCES OF COUNSEL
    Robert Jaegers, Esquire, Assistant State Attorney, for appellant.
    Robert L. Saylor, Esquire, for appellee.
    Before CARLISLE, COHEN, MILLER, JJ.
   OPINION OF THE COURT

CARLISLE, J.

BY ORDER OF THE COURT:

The Motion to Dismiss is hereby denied and the Court holds as follows:

1) The State has standing;

2) The State’s appeal will be treated as a petition for certiorari, City of Deerfield Beach v Vailant, 419 So 2d 624.

All other issues are set for oral argument on THURSDAY, OCTOBER 12, 1989, at 2:00 p.m. Palm Beach County Courthouse, Room 404, 300 North Dixie Highway, West Palm Beach, Florida.

ORDERED: September 14, 1989

Opinion filed: November 29, 1989.

The trial court at an implied consent hearing sustained a defense objection to the testimony of a Deputy Sheriff investigating a one-car accident to the effect that appellant, Yoeman, identified herself as the driver of the car. The basis of the court’s ruling was the accident report privilege, § 316.066 F.S.

We must reverse on the authority of California v Byers, 402 US 424, 29 L.Ed 2d 9, S. Ct. 1535 (1971), State v Combs, 436 So.2d 93 (Fla. 1983), O’Brien v Ortez, 467 So.2d 1056 (3DCA 1985).

This case is remanded to the County Court with instructions to conduct an implied consent hearing.

COHEN, MILLER, JJ., concurring.  