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STATE v. LOCKE

No. 86-2652.

528 So.2d 399 (1988)

The STATE of Florida, Appellant, v. Janice LOCKE, Appellee.

District Court of Appeal of Florida, Third District.

May 10, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.

PER CURIAM.

The State appeals from an order granting the defendant's motion to dismiss charges of driving while intoxicated in violation of section 316.1931(2)(b), Florida Statutes (1985). We affirm.

Under section 316.1931(2)(b) an individual may be charged with a felony for operating a vehicle while intoxicated and causing serious bodily injury to another if any one of three conditions is met; the offender: "1. Had a suspended or revoked driver's license...

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