STATE OF FLORIDA, APPELLANT,
v.
LOUIS DEISROTH AND RICHARD NOYES, APPELLEES
STATE OF FLORIDA, APPELLANT,
LOUIS DEISROTH AND RICHARD NOYES, APPELLEES
630 So. 2d 1165
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Because these two appeals involve the same question of law, they are hereby consolidated. The State of Florida challenges an order excluding breath test results from these prosecutions for driving under the influence. We reverse on the authority of State v. Folsom, 630 So. 2d 1129 (Fla. 2d DCA 1993) and State v. Berger, 605 So. 2d 488 (Fla. 2d DCA 1992).
CAMPBELL, A.C.J., and PARKER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Farina v. Perez, 647 So. 2d 113 (Fla. 1994)…KOGAN, Justice. We have for review Perez v. Farina, 630 So. 2d 1165 (Fla. 2d DCA 1993), in which the district court certified the following question as being of great public importance: Whether the holding of State v. Agee, 622 So. 2d 473 (Fla.1993) applies when the prosecution is terminated by a voluntary dismissa…
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Garrett v. State, 640 So. 2d 1196 (Fla. 3d DCA 1994)…Fla.1993), and Fuller v. Genden, 630 So. 2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 978 (Fla.1994), we reverse the order under review and remand with directions to grant Garrett’s motion to dismiss. As we did in Fuller and Perez v. Farina, 630 So. 2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 977 (Fla.1994), we certify to the supreme court the following question of great public importance: Whether the Holding of State v. Agee Applies When the Prosecution Is Terminated by a Voluntary Dismissa…
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State v. Dilger, 643 So. 2d 91 (Fla. 3d DCA 1994)…period. We affirm based upon State v. Agee, 622 So. 2d 473 (Fla.1993); Garrett v. State, 640 So. 2d 1196 (Fla. 3d DCA 1994); Fuller v. Genden, 630 So. 2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 978 (table) (Fla.1994); and Perez v. Farina, 630 So. 2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 977 (table) (Fla.1994). As we did in Garrett, Fuller, and Perez, we certify to the Florida Supreme Court the following question of great public importance: Whether the holding of State v. Agee applies w…
Authorities Cited
- State v. Berger, 605 So. 2d 488 (Fla. 2d DCA 1992)
- State v. Folsom, 630 So. 2d 1129 (Fla. 2d DCA 1993)