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STATE v. PEREZ

No. 87-1118.

524 So.2d 482 (1988)

The STATE of Florida, Appellant, v. Damaso Orlando PEREZ, Appellee.

District Court of Appeal of Florida, Third District.

May 3, 1988.

Attorney(s) appearing for the Case

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

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

Defendant was charged by information with possession of cocaine. During a preliminary hearing, the trial judge asked defense counsel if Perez wanted to take a polygraph examination. The judge went on to say that if the defendant passed the exam, the charge would be dismissed, but if he failed, the test result would be admitted into evidence. Defense counsel agreed, but the assistant state attorney objected. The test was administered, Perez passed, and...

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