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BREEN v. STATE

No. 4D01-3132.

801 So.2d 271 (2001)

Kevin L. BREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2001.

Attorney(s) appearing for the Case

Dean L. Willbur, Jr. of Dean L. Willbur, Jr., P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Kevin L. Breen filed a motion in county court seeking to set aside his 1973 DUI conviction. In 1997, the circuit court found that the 1973 conviction was not a constitutional valid conviction for enhancement purposes. Breen had been charged with felony DUI. This court affirmed trial court's findings. State v. Breen, 709 So.2d 546 (Fla. 4th DCA 1998).

Citing Wood v. State, 750 So.2d 592 (Fla. 1999...

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