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COYNE v. STATE

No. 4D98-3245.

775 So.2d 969 (2000)

Kevin COYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 7, 2001.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Upon mandate issued in this case by the Florida Supreme Court following its decision in State v. Harbaugh, 754 So.2d 691 (Fla.2000), we reverse appellant's conviction for felony DUI and remand this case to the trial court for a jury determination of whether appellant had the requisite three or more prior DUI convictions for felony adjudication.

Based upon our review of the record, the failure to separately...

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