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STATE v. PLATT

No. 91-03750.

630 So.2d 1135 (1993)

STATE of Florida, Appellant, v. Jonathan K. PLATT, Appellee.

District Court of Appeal of Florida, Second District.

September 22, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dell H. Edwards, Asst. Atty. Gen., Tampa, for appellant.

Robert L. Paver, P.A., St. Petersburg, for appellee.

PARKER, Judge.

The State of Florida challenges the order of the county court of Pinellas County which granted the motion to exclude breath test results from evidence in this prosecution for driving under the influence. We have accepted jurisdiction pursuant to Florida Rule of Appellate Procedure 9.160(e)(2).

We conclude after reviewing the record and briefs that this appeal is controlled by our opinions of State v. Berger, 605 So.2d...

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