STATE v. MURRAY

No. 5D10-1376.

51 So.3d 593 (2011)

STATE of Florida, Appellant, v. Daniel L. MURRAY and James L. Brink, Appellee.

District Court of Appeal of Florida, Fifth District.

January 7, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellant.

J. Brian Page , of DeCarlis, Sawyer & Alba, PL, Gainesville, for Appellee, Daniel L. Murray.

No appearance for Appellee, James L. Brink .


ORFINGER, J.

While allegedly street racing, Daniel Murray and James Brink were involved in a crash that killed another motorist. As a result, the State charged both men as principals to vehicular homicide. The State now appeals the trial court's order suppressing the test results obtained from the blood drawn from both men. Because Murray and Brink voluntarily consented to the blood draw, we reverse.

A motion to suppress involves mixed questions of law and...

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