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STATE v. BARNES

No. 86-2651.

512 So.2d 337 (1987)

The STATE of Florida, Appellant, v. Kenneth BARNES, Appellee.

District Court of Appeal of Florida, Third District.

September 15, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Richard L. Kaplan, for appellant.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellee.

Before HUBBART, BASKIN and JORGENSON, JJ.

PER CURIAM.

This is an appeal by the state from a pretrial order suppressing a blood alcohol sample taken from the defendant Kenneth Barnes in a criminal prosecution for driving under the influence. We reverse the order under review and remand for further proceedings based on the following briefly stated legal analysis.

First, the blood alcohol sample herein was, without dispute, taken from the defendant by a duly qualified medical person under Section 316...

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