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STATE v. MONTELLO

Nos. 4D03-112, 4D03-359.

867 So.2d 613 (2004)

STATE of Florida, Appellant, v. Joseph MONTELLO and Steven P. Costa, Appellees.

District Court of Appeal of Florida, Fourth District.

March 10, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, Richard Valuntas and Donna L. Eng, Assistant Attorneys General, West Palm Beach, for appellant.

Alan H. Schreiber, Public Defender, and Debra A. Bookout, Assistant Public Defender, Fort Lauderdale, for appellee Joseph Montello.

Anthony M. Livoti, Jr., Fort Lauderdale, for appellee Steven P. Costa.

GROSS, J.

In this consolidated appeal, the state challenges county and circuit court orders granting motions to suppress urine test results obtained from appellees, Joseph Montello and Steven P. Costa, pursuant to Florida's implied consent statute.

Although noting their disagreement with State v. Bodden, 27 Fla. L. Weekly D2382, ___ So.2d ___, 2002 WL 31421575 (Fla. 2d DCA Oct.30, 2002), review granted...

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