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STATE v. HARVEY

No. 96-2475.

693 So.2d 1009 (1997)

STATE of Florida, Appellant, v. Oberlin D. HARVEY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied May 21, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, Denise S. Calegan, Assistant Attorney General, Barry E. Krischer, State Attorney, and Ira D. Karmelin, Assistant State Attorney, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellee.

WARNER, Judge.

The state appeals the order of the circuit court dismissing the information charging appellee pursuant to section 322.34(1), Florida Statutes (1995), with driving while his license was suspended. The trial court determined that because appellee had been declared a habitual traffic offender pursuant to section 322.264(1)(d), Florida Statutes (1991), section 322.34(1) did not apply, and the state could charge...

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