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STATE v. MULLER

No. 88221.

693 So.2d 976 (1997)

STATE of Florida, Appellant, v. Raymond G. MULLER, Appellee.

Supreme Court of Florida.

May 15, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Patricia E. Davenport, Assistant Attorney General, Tampa, and Bernie McCabe, State Attorney and C. Marie King, Assistant State Attorney, Clearwater, for Appellant.

Robert E. Jagger, Public Defender and Anne M. Sylvester, Sixth Judicial Circuit, New Port Richey, for Appellee.

GRIMES, Justice.

The State appeals the decision in State v. Muller, 681 So.2d 725 (Fla. 2d DCA 1996), declaring section 316.193(6)(d), Florida Statutes (1993), to be unconstitutionally vague. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Section 316.193(6)(d), which is a subdivision of the driving under the influence (DUI) statute, reads in pertinent part:

(d) In addition to the penalty imposed...

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