STATE v. FERNANDEZ

No. 74-267.

303 So.2d 58 (1974)

STATE of Florida, Appellant, v. Honorio FERNANDEZ, Appellee.

District Court of Appeal of Florida, Fourth District.

November 8, 1974.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, and J.J. Findley, Asst. State's Atty., West Palm Beach, for appellant.

Rolando A. Vasallo of Law Offices of William M. Winkel, West Palm Beach, for appellee.


PER CURIAM.

Affirmed.

CROSS, J., and COWART, JOE A., Jr., Associate Judge, concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting):

The state appeals an order granting the defendant's motion to suppress the results of certain blood tests taken to determine alcohol content. Defendant, who had been charged with manslaughter by culpable negligence and driving while under the influence of alcoholic beverages or controlled substance...

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