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STATE v. SCHMITZ

No. 84-117.

450 So.2d 1254 (1984)

The STATE of Florida, Appellant, v. James F. SCHMITZ, Appellee.

District Court of Appeal of Florida, Third District.

June 12, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Julie S. Thornton, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, Rory S. Stein, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

The state appeals from a pre-trial order in a manslaughter-DUI case which suppressed the result of a blood alcohol test on the ground that the person who took the sample from the defendant was not authorized under Sec. 316.1932(1)(f)(2), Fla. Stat. (1981). We affirm because (a) the state attorney interposed no objection below and indeed specifically agreed that the motion to suppress was well taken,1 State v....

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