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STATE v. MACKLER

No. 4D01-4687.

825 So.2d 516 (2002)

STATE of Florida, Appellant, v. Andrew MACKLER, Appellee.

District Court of Appeal of Florida, Fourth District.

September 11, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellant.

Hilliard E. Moldof, Fort Lauderdale, for appellee.

PER CURIAM.

The state charged appellee, Andrew Mackler, with DUI manslaughter and DUI with personal injury or property damage. The trial court granted Macker's pretrial motion to dismiss, which precluded the state from pursuing an unlawful blood alcohol level theory of DUI. The state appeals. We treat the appeal as a petition for common law certiorari. See Fla. R.App. P. 9.040(c); State v. Sowers, 763 So.2d 394, 398...

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