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STATE v. WHITAKER

No. 91-1484.

590 So.2d 1029 (1991)

STATE of Florida, Appellant, v. Joseph H. WHITAKER, Appellee.

District Court of Appeal of Florida, First District.

December 13, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., and Wendy S. Morris, Certified Legal Intern, Tallahassee, for appellant.

Nancy A. Daniels, Public Defender, and Steven A. Rothenburg, Asst. Public Defender, Tallahassee, for appellee.

JOANOS, Chief Judge.

The state seeks review of the trial court's denial of its motion to correct sentence. The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section 316.193, Florida Statutes. We reverse.

Appellant pled nolo contendere to charges of driving a motor vehicle while under the influence of alcoholic beverages (DUI), and driving...

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