Florida District Courts of Appeal, 1992

State v. Carter

State v. Carter
Florida District Courts of Appeal · Decided July 17, 1992 · Allen, Miner, Shivers
601 So. 2d 1341; 1992 Fla. App. LEXIS 8221; 1992 WL 164178 (Southern Reporter, Second Series)

State v. Carter

Opinion of the Court

SHIVERS, Judge.

The state’s petition for writ of mandamus is GRANTED. State v. Wager, 599 So.2d 267 (Fla. 1st DCA 1992); State v. Whitaker, 590 So.2d 1029 (Fla. 1st DCA 1991); see State v. Griffith, 540 So.2d 916 (Fla. 2d DCA 1989). The trial court is directed to adjudicate Carter guilty, in compliance with the mandatory requirement set forth in section 316.656(1), Florida Statutes (1989), of driving under the influence of alcoholic beverages as proscribed by section 316.193(2)(b), Florida Statutes (1989). Carter is entitled to be present at that proceeding. We find no error in the withholding of adjudication of guilt as to the other offense, driving with a suspended or revoked license.

MINER and ALLEN, JJ., concur.

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