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SHAFER v. STATE

No. 90-1818.

583 So.2d 417 (1991)

John M. SHAFER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 1, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

John M. Shafer appeals his conviction for "felony DUI." We vacate the judgment and sentence on the authority of State v. Rodriguez, 575 So.2d 1262 (Fla. 1991), for the reason that the Florida Supreme Court has concluded that the state must allege the specific prior DUI convictions in the information, allegations which are absent from the instant case. Rodriguez also requires protection of the defendant...

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