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STATE v. DURKEE

No. 91-295.

584 So.2d 1080 (1991)

STATE of Florida, Petitioner, v. Richard DURKEE and Michael Weier, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 10, 1991.

Attorney(s) appearing for the Case

Lawson Lamar, State Atty. and Paula C. Coffman, Asst. State Atty., Orlando, for petitioner.

Warren W. Lindsey, Michael J. Snure, and David A. Henson of Muller, Kirkconnell, Lindsey and Snure, Winter Park, for respondents.

PER CURIAM.

The state seeks certiorari review of a final order of the circuit court acting in its appellate capacity in the companion cases involving Richard Durkee and Michael Weier. The state claims that the circuit court departed from the essential requirements of law in holding that the refusal of the state through the arresting officer to afford a post-arrest blood test upon demand could constitute a due process violation...

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