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STATE v. DuPONT

No. 80-976.

399 So.2d 438 (1981)

STATE of Florida, Appellant, v. Lazaro Martinez DuPONT, Appellee.

District Court of Appeal of Florida, Fifth District.

June 3, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellant.

Geoffrey B. Dobson, of Meredith, Dobson & Cushman, St. Augustine, for appellee.

COBB, Judge.

Lazaro Martinez DuPont, a non-resident of St. Johns County, was charged with committing a "traffic infraction" (excessive speed) within that county.1 This was a non-criminal charge governed by the Florida Rules for Traffic Court.

The defendant pled not guilty, and his attorney inappropriately filed a waiver of appearance pursuant to Florida Rule of Criminal Procedure 3.180(c), said rule being inapplicable to this non...

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