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APPLE v. STATE

No. 5D98-2010.

746 So.2d 1259 (2000)

Walter APPLE, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 7, 2000.

Attorney(s) appearing for the Case

Norman Michael Murburg of Mike Murburg, P.A., New Port Richey, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

Walter Apple III appeals the trial court's denial of his motion for arrest of judgment, his conviction and sentence. We reverse.

Apple was charged by Information with DUI manslaughter1 and felony DUI (three or more prior convictions)2 stemming from a motorcycle and truck collision which occurred on March 28, 1997, and resulted in the death of Apple's motorcycle passenger. The trial court...

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