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STATE v. POTTER

No. 83-568.

438 So.2d 1085 (1983)

STATE of Florida, Petitioner, v. Martha Gwen POTTER, Respondent.

District Court of Appeal of Florida, Second District.

October 21, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Frank Lester Adams, III, Tampa, for petitioner.

James W. Kelly, Avon Park, for respondent.

OTT, Chief Judge.

By Petition for Writ of Certiorari, the state asks this court to review the order of the Circuit Court of the Tenth Judicial Circuit affirming the county court's (1) grant of respondent's motion for suppression of evidence stemming from her arrest and (2) granting suppression of evidence of a breathalyzer test. Finding the circuit court affirmance of the first part of the county court's decision to involve a departure from the essential requirements...

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