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JOHNSON v. STATE

No. 98-2074.

728 So.2d 1204 (1999)

William JOHNSON, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

March 17, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General, and Simone P. Firley, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.

FLETCHER, Judge.

William Johnson, a defendant in a driving under the influence case, seeks certiorari review of an opinion by the Appellate Division of the Eleventh Judicial Circuit Court [appellate division] which affirmed Johnson's conviction. Because we find that the appellate division's final order applied the wrong legal standard in Johnson's appeal from the county court and that, in so doing, departed from essential requirements of law which will result in a...

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