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STATE v. McINTYRE

No. 80-934.

393 So.2d 16 (1980)

STATE of Florida, Petitioner, v. Robert Emmett McINTYRE, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 4, 1981.

Attorney(s) appearing for the Case

James T. Russell, State Atty., and Lawrence A. Jacobs, Asst. State Atty., St. Petersburg, for petitioner.

Steven C. Ruth of Piper, Esteva, Karvonen & Lewis, St. Petersburg, for respondent.

CAMPBELL, Judge.

This cause is before the court on petition for certiorari to review the order of the circuit court reversing the county court's judgment that respondent drove while under the influence of alcoholic beverages contrary to Section 316.193, Florida Statutes. Petitioner asserts that the order of the circuit court, acting in its appellate capacity, departed from the essential requirements of law. We agree and grant the petition.

At respondent's...

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