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SHIVER v. STATE

No. 1D03-0636.

900 So.2d 615 (2005)

Dennis SHIVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 12, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Shasta Kruse, Assistant Attorney General, Tallahassee, for Appellee.

HAWKES, J.

Dennis Shiver (Appellant) appeals his conviction for felony driving under the influence, arguing admission of his breath test results, over objection, violated his constitutional right to confrontation as provided by Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). We agree and reverse.

During the jury trial, Trooper Elliott, the officer who arrested Appellant, testified Appellant...

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