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STATE v. CLARKE

No. 2D00-23.

834 So.2d 398 (2003)

STATE of Florida, Appellant, v. Gerald E. CLARKE, Appellee.

District Court of Appeal of Florida, Second District.

January 17, 2003.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Tallahassee, and Richard Fishkind, Assistant Attorney General, Tampa, for Appellant.

Joseph T. Hobson, of McFarland, Gould, Lyons & Sullivan, Clearwater, for Appellee.

DAVIS, Judge.

The State of Florida appeals the trial court's order discharging Gerald E. Clarke from DUI manslaughter charges based on a violation of his speedy trial rights.

On January 26, 1998, Clarke was charged with DUI manslaughter for causing the death of Nicholas Aristizabal on November 9, 1997. After the trial court excluded evidence of the legal blood draw,1 the State sought...

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