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JENKINS v. STATE

Nos. 1D01-4258, 1D02-0363.

855 So.2d 1219 (2003)

Scott Lamar JENKINS, Petitioner, v. STATE of Florida, Respondent. James Earl Howard, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 13, 2003.

Attorney(s) appearing for the Case

Jack Behr, Public Defender; Jeffrey E. Lewis, Assistant Public Defender, Milton, for petitioner/appellant.

James T. Miller, Jacksonville, for Amicus Curiae Florida Association of Criminal Defense Lawyers, on behalf of appellant.

Charlie Crist, Attorney General; Douglas T. Squire, Assistant Attorney General, Tallahassee, for respondent; and Edward C. Hill, Jr., Assistant Attorney General, for appellee.

WOLF, C.J.

We have before us two consolidated cases involving the admissibility of breath test results in "Driving While Intoxicated" cases. The trial court heard a consolidated motion to suppress the breath test results for a number of similarly situated defendants including Scott Jenkins (petitioner) and James Howard (appellant).1 The crux of the motion to suppress involved the validity of the source of an alcohol testing solution used...

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