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MELLON v. CANNON

No. 85-498.

482 So.2d 604 (1986)

Leonard MELLON, As Executive Director, Department of Highway Safety, Etc., Appellant, v. Mack Kenaston CANNON, Appellee.

District Court of Appeal of Florida, Fifth District.

February 13, 1986.

Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel and Suzanne G. Printy, Asst. Gen. Counsel, Dept. of Highway Safety & Motor Vehicles, Tallahassee, for appellant.

Kenneth A. Studstill, P.A., Titusville, for appellee.

DAUKSCH, Judge.

This is an appeal from a writ of mandamus issued by the circuit court directing appellant to "correct the Department of Highway Safety Vehicles' traffic records on [appellee] so that [his] DUI conviction dated August 29, 1984, will be treated as a first DUI conviction and result in the minimal sentence allowable by Statute for such first conviction."

In August 1984 appellee was convicted of DUI. According to appellant's records this conviction...

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