ERVIN, J.
The state appeals from an order in which the trial court dismissed Count I of an amended information, finding that section 322.34(5), Florida Statutes (2001), the statute upon which Count I was based, was constitutionally deficient, because it did not charge a crime. We reverse with directions to reinstate Count I.
After appellee, Richard E. Phillips, had been designated a "habitual traffic offender" in 1998 under section 322.264, Florida Statutes...
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