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STATE v. JOHNSTON

No. 89-00708.

553 So.2d 730 (1989)

STATE of Florida, Appellant, v. Terry JOHNSTON, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellant.

Elliott C. Metcalfe, Jr., Public Defender and Thomas W. Kurth, Asst. Public Defender, Sarasota, for appellee.

RYDER, Judge.

The opinion filed in this cause on October 27, 1989 is withdrawn and this opinion is published in lieu thereof.

The county court of Sarasota County certified to us a question of great public importance. This court exercised its discretion to review the appeal under Florida Rule of Appellate Procedure 9.030(b)(4)(A) and accepted the question.

A Florida Highway Patrol trooper arrested appellee for driving under the influence (DUI) after...

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