RODRIGUEZ v. STATE

No. 89-939.

553 So.2d 1331 (1989)

Narcisco RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 13, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and L. Michael Roffino, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


PER CURIAM.

We reverse the appellant's convictions because he was charged, in effect, with three misdemeanors in the circuit court. The state contends that the driver-under-the-influence charge, because it referred to Section 316.193(2)(b), Florida Statutes (1988), was sufficient to make this charge a felony because of prior convictions and cites Pritchard v. State, 528 So.2d 1272 (Fla. 1st DCA 1988). We think the proper...

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