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LOVELACE v. STATE

No. 4D05-746.

906 So.2d 1258 (2005)

Jeffrey LOVELACE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

July 27, 2005.

Attorney(s) appearing for the Case

Charles D. Barnard of Charles D. Barnard, P.A., Fort Lauderdale, for petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for respondent.

KLEIN, J.

We withdraw our previous opinion filed on June 1, 2005 and replace it with this opinion.

The issue presented by this petition for writ of prohibition is whether a violation of the speedy trial rule for a misdemeanor DUI charge precludes a felony DUI charge based on the same incident and prior DUI convictions. We hold that it does and certify conflict with State v. Jackson, 784 So...

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