STATE v. NETH

No. 92-602.

615 So.2d 848 (1993)

STATE of Florida, Appellant, v. Gary Charles NETH, Appellee.

District Court of Appeal of Florida, Fifth District.

March 19, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellant.

Terrence E. Kehoe, of the Law Office of Terrence E. Kehoe, Orlando, and Richard A. Manzo of Manzo and Praver, P.A., Titusville, for appellee.


HARRIS, Judge.

Gary Charles Neth was charged with seven counts of withholding information from a physician under section 893.13(2)(a)(7), Florida Statutes. Although each such offense, singly, is a misdemeanor, section 893.13(2)(b) enhances the offense to a third degree felony "upon a second or subsequent violation."

The State chose to file the charges in a single action in the circuit court alleging one misdemeanor count (the felony-qualifying count) and six...

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