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CICILIAN v. STATE

No. 4D06-3670.

945 So.2d 654 (2007)

Steven CICILIAN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

January 10, 2007.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Daniel Cohen and Daniel Marshall, Assistant Public Defenders, West Palm Beach, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for respondent.

KLEIN, J.

Petitioner was arrested and charged with misdemeanor DUI in February, 1999, but failed to appear in court, and a capias was issued for his arrest. The capias was not served on him, however, until April, 2006. The state then charged petitioner with felony DUI, based on the February, 1999 incident and three prior DUI's. Petitioner moved to dismiss the felony DUI charge on the ground that the statute of limitations...

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