JUDD v. STATE

No. 91-0479.

591 So.2d 1136 (1992)

James W. JUDD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 8, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

We reverse appellant's conviction and sentence for felony DUI. See State v. Rodriguez, 575 So.2d 1262 (Fla. 1991).

The information charged appellant with driving under the influence, "to the extent that his normal faculties were impaired, in violation of Florida Statute 316.193(1)(a)." Nothing in the information places the defendant on notice that the charge is punishable under section 316.193(2)(b)...

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