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WARE v. STATE

No. 95-02165.

679 So.2d 3 (1996)

Anthony WARE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 31, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas Chanco, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

FRANK, Acting Chief Judge.

The instant proceeding is before us pursuant to rule 9.160 of the Florida Rules of Appellate Procedure. The county court deemed the following question of great public importance and we accepted it for determination:

WHERE THE IDENTITY OF A DRIVER IS AN ESSENTIAL ISSUE THAT MUST BE PROVEN, IS THAT IDENTITY SUBJECT TO SUPPRESSION IF IT IS DISCOVERED AS A RESULT OF AN UNLAWFUL SEARCH AND SEIZURE?

In a pretrial conference it...

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