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RAFFERTY v. STATE

No. 2D00-462.

799 So.2d 243 (2001)

Cornelius G. RAFFERTY, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 4, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Dea Abramschmitt, Special Assistant Public Defender (withdrew after briefing), and Robert D. Rosen (substituted as counsel of record), Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.

PARKER, Acting Chief Judge.

Cornelius G. Rafferty appeals his judgments and sentences for DUI manslaughter and DUI serious bodily injury. We find merit in two of the issues Rafferty raises and conclude that the trial court erred in (1) denying Rafferty's motion to suppress his statements to law enforcement officers, and (2) granting the State statutory presumptions of admissibility of the blood alcohol test results and impairment. The resolution of these two issues...

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