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STATE v. ROLLE

No. 72383.

560 So.2d 1154 (1990)

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

Supreme Court of Florida.

Rehearing Denied June 14, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard G. Bartmon and Miles E. Ferris, Asst. Attys. Gen., West Palm Beach, for appellant.

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

EHRLICH, Chief Justice.

We have for review Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988), in which the district court held unconstitutional section 316.1934(2)(c), Florida Statutes (1985), and the corresponding jury instructions. We have jurisdiction, article V, section 3(b)(1), Florida Constitution, and quash the decision of the district court below.

Rolle was charged and convicted of felony driving under the...

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