YOST v. STATE

No. 88-0415.

542 So.2d 419 (1989)

Kenneth YOST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 25, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Coburn, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

This is a timely appeal from a judgment of conviction and departure sentence of five years' imprisonment for the offense of felony DWI, in violation of section 316.1931, Florida Statutes (1985).

Appellant has presented six points on appeal. The first point, based upon the constitutionality of the DWI statute, requires reversal. However, we will mention several of the other points that require reversal in the event the Supreme Court of Florida...

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