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STATE v. WELLS

No. 69363.

539 So.2d 464 (1989)

STATE of Florida, Petitioner, v. Martin Leslie WELLS, Respondent.

Supreme Court of Florida.

March 2, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Joseph N. D'Achille, Jr. and Fleming Lee, Asst. Attys. Gen., Daytona Beach, and Elizabeth Masters and Walter M. Meginniss, Asst. Attys. Gen., Tallahassee, for petitioner.

Sharon W. Ehrenreich of Moore & Ehrenreich, Gainesville, for respondent.

Enoch J. Whitney, General Counsel and R.W. Evans, Asst. Gen. Counsel, Tallahassee, amicus curiae for Dept. of Highway Safety and Motor Vehicles.

PER CURIAM.

On motion for rehearing by petitioner, we withdraw our prior opinion in this cause and substitute the following as the opinion of the Court.

We have for review Wells v. State, 492 So.2d 1375 (Fla. 5th DCA 1986), based on express and direct conflict with State v. Wargin, 418 So.2d 1261 (Fla. 4th DCA 1982). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const...

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