STATE v. KESTER

No. 92-1822.

612 So.2d 584 (1992)

The STATE of Florida, Petitioner, v. Francis H. KESTER, Respondent.

District Court of Appeal of Florida, Third District.

December 8, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Anita J. Gay, Asst. Atty. Gen., for petitioner.

Bennett H. Brummer, Public Defender, and Andrew L. Sipos, Jr., Sp. Asst. Public Defender, for respondent.

Before NESBITT, JORGENSON and LEVY, JJ.


NESBITT, Judge.

The state seeks issuance of a writ of certiorari quashing an opinion of the circuit court, appellate division, which reversed a trial court's denial of Francis H. Kester's motion to dismiss the driving under the influence charge brought against him. We grant the petition and quash the order under review.

A City of Miami police officer was dispatched to an accident involving a child struck by an auto. When the officer arrived at the scene, three...

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