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FENDER v. STATE

No. 4D06-927.

980 So.2d 516 (2007)

Cyd Tyrell FENDER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 12, 2007.

Attorney(s) appearing for the Case

Richard G. Lubin and Tama Beth Kudman of Richard G. Lubin, P.A., West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

POLEN, J.

Appellee, the State of Florida has filed a motion for rehearing. On June 20, 2007, this court issued an opinion reversing Appellant Cyd Fender's felony DUI conviction, finding the State had failed to present sufficient proof that Fender had three prior DUI convictions. See Fender v. State, 2007 WL 1755617 (Fla. 4th DCA June 20, 2007). The State was required to prove that Fender had three prior DUI convictions...

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