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STATE v. RIVAS-MARMOL

No. 96-385.

679 So.2d 808 (1996)

The STATE of Florida, Petitioner, v. Eduardo RIVAS-MARMOL, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 9, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Keith S. Kromash, Assistant Attorney General, for petitioner.

Robert S. Reiff and H. Scott Fingerhut, Miami, for respondent.

Before COPE, LEVY and FLETCHER, JJ.

FLETCHER, Judge.

The State seeks certiorari review of a decision of the appellate division of the circuit court, which decision affirmed (Judge Hubbart dissenting) a county court order suppressing the introduction of a chemical breath test in a DUI criminal prosecution of respondent Eduardo Rivas-Marmol. The county court suppressed the test results on the ground that the test was not made incident to a lawful arrest as required by section 316.1932, Florida Statutes...

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