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DEJEREZ v. STATE

No. 90-2005.

580 So.2d 656 (1991)

Patricia DEJEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied June 27, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Nancy Perez, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand for a new trial on the authority of Wilhelm v. State, 568 So.2d 1 (Fla. 1990) and Brooks v. State, 577 So.2d 680 (Fla. 4th DCA 1991). We agree with appellant that driving under the influence and driving with an unlawful blood alcohol constitute alternative bases of the same statutory offense, and appellant can only be adjudicated for one offense...

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