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STATE v. COUNTS

No. 83-71.

457 So.2d 568 (1984)

STATE of Florida, Appellant, v. Donald Eugene COUNTS, Appellee.

District Court of Appeal of Florida, Fifth District.

October 11, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellant.

Gregory M. Wilson of Taylor & Wilson, Orlando, for appellee.

SHARP, Judge.

The state appeals from an order of the trial court which granted Counts' motion to suppress the results of a blood alcohol test performed on Counts following a traffic fatality.1 In this proceeding, Counts was being charged with manslaughter by driving while intoxicated.2 He argues that because the blood test was taken by a first year resident physician, Moorefield, who had not then registered...

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