STATE v. CARTER

No. 82-1439.

452 So.2d 1137 (1984)

STATE of Florida, Appellant, v. Wesley Keith CARTER, Appellee.

District Court of Appeal of Florida, Fifth District.

July 19, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellant.

Walter H. Tedford, Jr., DeLand, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

The state appeals from an order dismissing a count in an information filed against Wesley Carter.

On September 18, 1981, Carter, while operating his automobile, was involved in an accident which resulted in the death of Iris McDaniel Parish. He was ticketed at the scene (citation # 971-592Z) for driving under the influence of alcoholic beverages and for unlawful blood alcohol level, both in violation of section 316.193, Florida...

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