STATE v. PLAWCHAN

No. AX-445.

453 So.2d 496 (1984)

STATE of Florida, Appellant, v. Mark Alan PLAWCHAN, Appellee.

District Court of Appeal of Florida, First District.

July 31, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellant.

Antony E. Fiorentino, Pensacola, for appellee.


JOANOS, Judge.

State of Florida petitions for writ of certiorari to review the circuit court's determination that the State's failure to preserve a sample of Plawchan's breath constituted suppression of evidence and a denial of constitutional due process.

Plawchan was initially charged for driving under the influence of alcohol. Breath analysis, using a device called a breathalyzer, indicated a .16 blood alcohol content. Plawchan entered a plea of nolo contendere...

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