MARK ANTHONY GREEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1980-02-26
No. 78-1034
Before HENDRY, BARKDULL and HUBBART, JJ.
380 So. 2d 505 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Roach v. State, 181 So. 2d 362 (Fla. 3d DCA 1966); State ex rel. Mitchell v. Walker, 294 So. 2d 124 (Fla. 2d DCA 1974); Simpkin v. State, 363 So. 2d 45 (Fla. 3d DCA 1978); Castor v. State, 365 So. 2d 701 (Fla.1978).


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  • State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984)
    …rt. denied, 361 So. 2d 835 (Fla.1978); see Drury v. Harding, 443 So. 2d 360 (Fla. 1st DCA 1983) (results admissible because test conducted in compliance with HRS rules deemed controlling as adopted before trial although after test); State v. Demoya, 380 So. 2d 505 (Fla. 3d DCA 1980) (blood test inadmissible when not conducted in compliance with § 322.261 even if permissible under Schmerber v. California2). The state’s reliance on State v. Gunn, 408 So. 2d 647 (Fla. 4th DCA 1981) and Pardo v. State, 429 So. 2d…
  • State v. Counts, 457 So. 2d 568 (Fla. 5th DCA 1984)
    …(1983) in criminal prosecutions where the statutory provisions were not met. State v. Roose, 450 So. 2d 861 (Fla.3rd DCA 1984); Campbell v. State, 423 So. 2d 488 (Fla.1st DCA 1982); Grata v. State, 414 So. 2d 621 (Fla.3rd DCA 1982); State v. Demoya, 380 So. 2d 505 (Fla.3rd DCA 1980). However, we think section 322.-261(2)(b) was not violated in this case because the term “physician” encompasses the term “resident.” The term “physician” is not defined in Chapter 322. Falling back on the general meaning of the…

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