STATE v. JOHNSON

No. 96-2041.

695 So.2d 771 (1997)

STATE of Florida, Appellant, v. Carl Brune JOHNSON, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

April 25, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellant.

Russell E. Crawford, Orlando, for Appellee.


W. SHARP, Judge.

The state appeals from an order which denied the rehearing of an order suppressing blood alcohol tests, in Johnson's criminal prosecution. We disagree with the trial judge's initial ruling that there was no probable cause for the deputy's order of a blood test under the circumstances presented; further, we find that the successor judge improperly overturned the initial trial judge's ruling that the state would be permitted to present additional testimony...

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