Legal Opinion

State v. Cornwell

Circuit Court for the Judicial Circuits of Florida

Decided October 31, 1984No. Case No. 83-4513Published

1Opinion of the Court

OPINION OF THE COURT

GUY W. SPICOLA, Circuit Judge.

The State appeals an order entered March 24, 1983, by the County Court of the Thirteenth Judicial Circuit in and for Hillsborough County, granting a Motion In Limine Or In The Alternative Motion to Suppress Breath Tests Results. The breath test results were suppressed as a result of the State’s failure to preserve or produce a breath sample.

*16The State charged the defendant with driving under the influence, a violation of Section 316.193, Florida Statutes. The defendant had submitted to a chemical test of his breath performed on a Smith and…

2Cases cited7 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. AgursSupreme Court of the United States · 1976
  3. California v. TrombettaSupreme Court of the United States · 1984
  4. State v. BenderSupreme Court of Florida · 1980
  5. State v. SobelSupreme Court of Florida · 1978

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