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STATE v. PHILLIPE

402 So.2d 33 (1981)

The STATE of Florida, Petitioner, v. Abel PHILLIPE, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 4, 1981.

Attorney(s) appearing for the Case

Janet Reno, State Atty. and Arthur Joel Berger, Asst. State Atty., for petitioner.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for respondent.

Before BARKDULL, HENDRY and DANIEL S. PEARSON, JJ.

HENDRY, Judge.

This case is before us on the state's petition for Writ of Certiorari to review a decision of the Circuit Court of Dade County, Florida rendered in its appellate capacity. In the decision under review the Circuit Court held that the County Court erred in ruling that used "Breathalyzer" ampules and/or their contents are not salvageable for any subsequent, meaningful testing procedures which could produce relevant and material evidence to aid an accused...

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