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STATE v. SCLAFANI

No. 97-1026.

704 So.2d 128 (1997)

STATE of Florida, Petitioner, v. Dennis SCLAFANI, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 29, 1997.

Attorney(s) appearing for the Case

Bruce H. Colton, State Attorney, Christopher E. Taylor and Ryan L. Butler, Assistant State Attorneys, Vero Beach, for petitioner.

Charles A. Sullivan, Jr. of Sullivan, Sullivan & Thacker, Vero Beach, for respondent.

PER CURIAM.

We grant the state's petition for certiorari and quash the trial court's order in limine which excluded from evidence respondent's blood sample in his forthcoming trial upon the charge of DUI manslaughter. State v. Pettis, 520 So.2d 250 (Fla.1988).

The trial court applied inappropriate criteria by determining that the blood taken for medical purposes was not drawn or tested under procedures sufficient...

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