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STATE v. JONES

No. 2D08-5751.

30 So.3d 619 (2010)

STATE of Florida, Petitioner, v. Torry M. JONES, Respondent.

District Court of Appeal of Florida, Second District.

March 12, 2010.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Petitioner.

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Respondent.

CASANUEVA, Chief Judge.

The State of Florida petitions this court for a writ of certiorari quashing the trial court's pretrial order excluding certain test results from evidence, as well as its subsequent order denying the State's motion for rehearing. Although the trial court departed from the essential requirements of law, we dismiss the petition because the State failed to allege or prove that the error resulted in a miscarriage of justice.

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