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MITCHELL v. STATE

No. 97-3077.

704 So.2d 1155 (1998)

Robert MITCHELL, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

February 4, 1998.

Attorney(s) appearing for the Case

Kayo Morgan, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

We grant the petition for writ of certiorari. The trial court failed to instruct the jury on the essential and material element of notice on the charge of driving while license suspended (DWLS) under section 322.34, Florida Statutes (1995). See Chicone v. State, 684 So.2d 736, 745 (Fla.1996); McNeal v. State, 662 So.2d 373, 374 (Fla. 5th DCA 1995), rev. denied,

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