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HAUSS v. STATE

No. 89-3204.

574 So.2d 1141 (1991)

Robert HAUSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 20, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

We withdraw our prior opinion, issued on December 28, 1990, and substitute the following:

The trial judge adjudicated the defendant guilty of a third degree felony DUI pursuant to sections 316.193(1) and (2)(b), Florida Statutes (1989). We reverse.

The three previous DUI convictions were not specifically alleged in the information and only the applicable statutory sections were alleged. In our initial opinion, we deemed the cite to the...

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