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STATE v. WAGER

No. 91-1541.

599 So.2d 267 (1992)

STATE of Florida, Appellant, v. Carl Lester WAGER and the Honorable Russell A. Cole, Jr., Appellees.

District Court of Appeal of Florida, First District.

May 28, 1992.

Attorney(s) appearing for the Case

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

Nancy A. Daniels, Public Defender, Carol Ann Turner, Asst. Public Defender, Tallahassee, for appellees.

WIGGINTON, Judge.

The state's petition for writ of mandamus is GRANTED. State v. Whitaker, 590 So.2d 1029 (Fla. 1st DCA 1991). The trial court is hereby directed to adjudicate respondent Wager guilty, in compliance with section 316.656(1), Florida Statutes, of driving under the influence of alcoholic beverages as proscribed by section 316.193(2)(b), Florida Statutes.

ERVIN and KAHN...

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