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LEONE v. STATE

No. 91-289.

590 So.2d 29 (1991)

Donald Anthony LEONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

This is another case1 that results from an accusatorial pleading of a DUI charge under section 316.193, Florida Statutes, so vague, indistinct and indefinite as to leave, after conviction, a substantial question as to the level or degree of the offense for which the defendant can be sentenced. Section 316.193(1), Florida Statutes, makes it a criminal offense for a person to drive or be in actual physical control of a vehicle...

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