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FOLDEN v. STATE

No. 5D08-2967.

16 So.3d 849 (2009)

John E. FOLDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 22, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

John E. Folden appeals his conviction of refusing to submit to a breath test.1 Folden contends that the State failed to prove that his driving privilege had previously been suspended for refusing to submit to a breath test as required by section 316.1939, Florida Statutes (2008). The State properly concedes error and we reverse.

Refusal to submit to a breath test is a misdemeanor if the defendant's driving privilege...

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