Hauss v. State

Florida District Courts of Appeal
Hauss v. State, 574 So. 2d 1141 (1991)
1991 Fla. App. LEXIS 605; 1991 WL 7681
Anstead, Letts, Warner

Hauss v. State

Opinion of the Court

LETTS, Judge.

We withdraw our prior opinion, issued on December 28, 1990, and substitute the following:

The trial judge adjudicated the defendant guilty of a third degree felony DUI pursuant to sections 316.193(1) and (2)(b), Florida Statutes (1989). We reverse.

The three previous DUI convictions were not specifically alleged in the information and only the applicable statutory sections were alleged. In our initial opinion, we deemed the cite to the statute sufficient under Pritchard v. State, 528 So.2d 1272 (Fla. 1st DCA 1988), and State v. Phillips, 463 So.2d 1136 (Fla. 1985). However, the Supreme Court has now ruled that β€œthe state must allege the specific, prior DUI convictions in the charging document.” State v. Rodriguez, 16 F.L.W. S32, 34 (Fla. Jan. 3, 1991).

We reverse and direct the trial court to enter an adjudication of first offense DUI and to resentence the defendant, accordingly-

REVERSED AND REMANDED.

ANSTEAD and WARNER, JJ., concur.

Reference

Full Case Name
Robert HAUSS v. STATE of Florida
Cited By
3 cases
Status
Published