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YACOUB v. STATE

No. 4D10-2400.

85 So.3d 1179 (2012)

Christina YACOUB, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 16, 2012.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Emily Ross-Booker , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Mark J. Hamel , Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

Christina Yacoub appeals her conviction and sentence for felony driving under the influence. We reverse because the state failed to satisfy its burden of proving that Yacoub was either provided counsel or validly waived the right with respect to a previous misdemeanor conviction.

On July 4, 2008, the state charged Yacoub with felony driving under the influence. The felony charge was based on her guilty...

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