State v. Foster (490 So. 2d 1383, 1986)

PER CURIAM.

Certiorari denied.

ORFINGER and COWART, JJ., concur.

COBB, J., dissents with 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 trial 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.