A jury found Tyndal guilty of being in actual physical control of a vehicle while he was under the influence of alcohol. The offense is a third degree felony under section 316.193(2)(b), Florida Statutes (1987), due to Tyndal's three prior convictions for driving under the influence of alcohol (DUI). On appeal, Tyndal argues that his prior convictions could not support felony reclassification because the state...
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