STATE v. HERRERA

No. 77-2017.

365 So.2d 399 (1978)

The STATE of Florida, Appellant, v. Paul L. HERRERA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 8, 1979.


Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Dennis L. Curran, Asst. State's Atty., for appellant.

Alan I. Karten, Miami, for appellee.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


HUBBART, Judge.

The central issue raised by this appeal is whether the destruction of a suspect contraband drug unavoidably consumed during chemical testing by a state's chemist constitutes an act of suppression of evidence and a denial of due process by the state sufficient to exclude the trial testimony of the state's chemist and preclude prosecution of the defendant for possession of such contraband drug. We hold that such destruction does not constitute a suppression...

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