MOLLENBERG v. STATE

No. 5D04-3975.

907 So.2d 554 (2005)

Ernst MOLLENBERG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 27, 2005.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, Daytona Beach, and Joseph A. Palmer, Assistant Public Defender, DeLand, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Mollenberg appeals his conviction for driving under the influence. This Court has discretionary jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(4)(A) because the county court certified the following question as one of great public importance:

Is a defendant in a DUI trial entitled to a jury instruction on the category 2 lesser included offense of attempt where the evidence adduced at trial shows 1. The defendant was...

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