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BLORE v. FIERRO

No. 81884.

636 So.2d 1329 (1994)

James BLORE, Petitioner, v. Eugene J. FIERRO, Judge, etc., et al., Respondents.

Supreme Court of Florida.

May 19, 1994.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Sp. Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., Hollywood, for respondents.

OVERTON, Justice.

James Blore seeks review of Blore v. Fierro, 618 So.2d 762 (Fla. 3d DCA 1993), in which the district court held that a breathalyzer test is a "search" as contemplated by rule 9.140(c)(1)(B), Florida Rules of Appellate Procedure, so that, pursuant to the rule, the State could appeal a trial court order that suppressed the results of Blore's breath test. The district court acknowledged that the Second District...

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