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STATE v. DEISROTH

Nos. 91-03731, 91-03749.

630 So.2d 1165 (1993)

STATE of Florida, Appellant, v. Louis DEISROTH and Richard Noyes, Appellees.

District Court of Appeal of Florida, Second District.

December 22, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee; Katherine V. Blanco and David R. Gemmer, Asst. Attys. Gen., Tampa, for appellant.

Robert M. Johnson, Tampa, for appellee Deisroth.

Ronnie G. Crider, Clearwater, for appellee Noyes.

PER CURIAM.

Because these two appeals involve the same question of law, they are hereby consolidated. The State of Florida challenges an order excluding breath test results from these prosecutions for driving under the influence. We reverse on the authority of State v. Folsom, 630 So.2d 1129 (Fla. 2d DCA 1993) and State v. Berger, 605 So.2d 488 (Fla. 2d DCA 1992).

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