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HERRING v. STATE

No. 85-1851.

501 So.2d 19 (1986)

Calvin Joseph HERRING, a/K/a Calvin Mullins, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 4, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Ordonez, Friend & Fleck and Geoffrey C. Fleck, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

During a police interview of the defendant shortly after his arrest on a charge of first-degree murder, he was asked if he would submit to a "hand swab test for gunshot residue." The defendant was not told that he was required by law to take this test or that his refusal to do so could be used against him in some way. When an officer armed with gloves and equipment to administer the test came toward...

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