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FARRALL v. STATE

No. 4D03-175.

902 So.2d 820 (2004)

David FARRALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 22, 2005.

Attorney(s) appearing for the Case

Bruce L. Udolf of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.

SHAHOOD, J.

We affirm appellant's, David Farrall, conviction and sentence on the charge of driving under the influence/unlawful blood alcohol level (DUI/UBAL). We affirm on all issues raised and write only to discuss the issue of whether the trial court erred in denying appellant's motion to suppress evidence allegedly seized in violation of State v. Rutherford, 707 So.2d 1129 (Fla. 4th DCA 1997), disapproved by State...

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