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BABER v. STATE

No. SC96010.

775 So.2d 258 (2000)

James C. BABER, III, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied January 4, 2001.

Attorney(s) appearing for the Case

Bruce Rogow and Beverly A. Pohl of Bruce S. Rogow, P.A., Fort Lauderdale, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, Celia Terenzio, Assistant Attorney General, Bureau Chief, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, Florida, for Respondent.

John C. Fisher, Bartow, Florida, for Florida Association of Criminal Defense Lawyers, Amicus Curiae.

SHAW, J.

We have for review a decision on the following question certified to be of great public importance:

DOES LOVE V. GARCIA, 634 So.2d 158 (Fla.1994) APPLY IN CRIMINAL PROSECUTIONS WHERE BLOOD ALCOHOL TEST RESULTS ARE OFFERED AS PROOF TO ESTABLISH AN ELEMENT OF THE OFFENSE, IF THE BLOOD ALCOHOL TESTS WERE ADMINISTERED BY HOSPITAL PERSONNEL FOR MEDICAL TREATMENT PURPOSES?

Baber v. State,

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