WILLIAM B. WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-04-03
No. 89-1826
Before HUBBART, COPE and LEVY, JJ.
558 So. 2d 535 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on the State’s confession of error, see Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987), the defendant’s conviction and sentence are reversed and remanded with directions to grant the motions to suppress.


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    …the Respondent’s burden to prove substantial compliance with the rule or the test should not be admitted into evidence. The Petitioner does not bear the burden of proof that he did not take something by mouth or regurgitate. Ver [*71] non v. State, 558 So. 2d 535 (Fla. 1st DCA 1990). 7. In this case, there was no evidence to conclude, as the hearing officer did, that the seventeen (17) minute period was substantial compliance with Rule 10D-42.-024(1)(e). See State v. Sharp, 47 Fla. Supp.2d 84 (7th Cir.Ct.19…
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