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BALTRUS v. STATE

No. 89-0850.

571 So.2d 75 (1990)

Robert John BALTRUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 1990.

Attorney(s) appearing for the Case

H. Scott Hecker of the Law Offices of H. Scott Hecker, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lynn Waxman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant/Defendant/Baltrus ("Baltrus") appeals the circuit court's reversal of the trial court's order granting Baltrus' motion to dismiss the information charging Baltrus with driving under the influence of alcoholic beverages ("DUI") in violation of section 316.193, Florida Statutes (1987). Because this is an appeal from the circuit court sitting in its appellate capacity, we treat it as a petition for writ of certiorari.

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