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Florida District Courts of Appeal, 1986

State v. Foster

State v. Foster
Florida District Courts of Appeal · Decided July 17, 1986 · Cobb, Cowart, Orfinger
490 So. 2d 1383; 11 Fla. L. Weekly 1572; 1986 Fla. App. LEXIS 8860 (Southern Reporter, Second Series)

State v. Foster

Opinion of the Court

PER CURIAM.

Certiorari denied.

ORFINGER and COWART, JJ., concur. COBB, J., dissents with opinion.

Dissenting Opinion

COBB, Chief Judge,

dissenting:

The state has petitioned for certiorari review of a court order directing a rape victim and her child to submit to an H.L.A. blood test. The trial issue is whether the respondent is guilty of sexual battery. The *1384trial court has no authority to order a physical examination of a witness. State v. Smith, 260 So.2d 489 (Fla. 1972). The instant order, therefore, is a departure from essential requirements of law and should be quashed. Therefore, I dissent.

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