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GARBE v. STATE

No. 96-1996.

693 So.2d 1011 (1997)

Wayne A. GARBE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 10, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

On the authority of State v. Harvey, 693 So.2d 1009 (Fla. 4th DCA 1997), we reverse the trial court's denial of appellant's motion to dismiss the charges under section 322.34(1)(c), Florida Statutes (1995). We remand with leave to the state to proceed under section 322.34(2)(a).

REVERSED and REMANDED.

GUNTHER, C.J., and DELL and FARMER...

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