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STATE v. PSOMAS

No. 2D99-4509.

766 So.2d 1085 (2000)

STATE of Florida, Appellant, v. Emmanuel PSOMAS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 17, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

William Newt Hudson, Tarpons Springs, for Appellee.

PARKER, Acting Chief Judge.

The State challenges the trial court's order dismissing a felony driving under the influence (DUI) charge against Emmanuel Psomas. Because of the Florida Supreme Court's ruling in State v. Woodruff, 676 So.2d 975 (Fla.1996), we affirm. However, we agree with the trial judge that Justice Wells' dissent in Woodruff provides a more logical reading of the felony DUI statute.

Psomas had...

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