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LUKAS v. STATE

No. 93-264.

627 So.2d 123 (1993)

Stanley LUKAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 1993.

Attorney(s) appearing for the Case

Mark S. Blechman, Lubet & Blechman, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Stanley Lukas appeals the judgment and sentence rendered following the jury verdict finding him guilty of two counts of resisting an officer without violence and one count of driving under the influence. We find merit only in his argument that the trial court erred by denying his motion for judgment of acquittal on the DUI charge.

Lukas' motion should have been granted because the evidence presented by the State

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