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STATE v. MUOIO

No. 83-1231.

438 So.2d 160 (1983)

STATE of Florida, Petitioner, v. Samuel Henry MUOIO, Respondent.

District Court of Appeal of Florida, Second District.

September 21, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for petitioner.

John Hugh Shannon, Lakeland, for respondent.

BOARDMAN, Acting Chief Judge.

The state petitions for writ of certiorari to review the circuit court's affirmance of the county court's order imposing community service upon respondent Samuel Henry Muoio in lieu of the mandatory fine prescribed for second offenders under section 316.193(2), Florida Statutes (1982 Supp.).1 The state contends the trial court was not authorized to substitute community...

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