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STATE v. JOSEPH

No. 82-185.

419 So.2d 391 (1982)

The STATE of Florida, Appellant, v. Richard JOSEPH, Appellee.

District Court of Appeal of Florida, Third District.

September 14, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Theda R. James, Asst. Atty. Gen., and Scott Silver, Asst. Atty. Gen., for appellant.

Pollack, Komorowski & Headley and John H. Lipinski, Miami, for appellee.

Before BARKDULL and SCHWARTZ, JJ., and OWEN, WILLIAM C., Jr. (Ret.), Associate Judge.

PER CURIAM.

The State appeals from a pre-trial order excluding evidence, the effect of which order is to substantially impair the ability of the state to prosecute its case. We treat the notice of appeal as a petition for writ of certiorari. State v. Steinbrecher, 409 So.2d 510 (Fla. 3d DCA 1982).

Richard Joseph, while operating an automobile in daylight, committed a traffic violation which was observed by two City...

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