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ROLLE v. STATE

No. 87-2089.

528 So.2d 1208 (1988)

Carlton ROLLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 27, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for appellee.

DOWNEY, Judge.

Appellant, Carlton Rolle, was charged and convicted of felony driving under the influence in violation of section 316.193, Florida Statutes (1985), for which he was sentenced to one year in the county jail. He presents two points for appellate consideration, only one of which we find constitutes reversible error.

Section 316.1934(2)(c), Florida Statutes (1985), provides:

(2) Upon the trial of any civil or criminal action or proceeding...

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