Florida District Courts of Appeal, 1997

Garbe v. State

Garbe v. State
Florida District Courts of Appeal · Decided April 30, 1997 · Dell, Farmer, Gunther
693 So. 2d 1011; 1997 Fla. App. LEXIS 4835; 1997 WL 212638 (Southern Reporter, Second Series)

Garbe v. State

Opinion of the Court

PER CURIAM.

On the authority of State v. Harvey, 693 So.2d 1009 (Fla. 4th DCA 1997), we reverse the trial court’s denial of appellant’s motion to dismiss the charges under section 322.34(l)(c), Florida Statutes (1995). We re*1012mand with leave to the state to proceed under section 322.34(2)(a).

REVERSED and REMANDED.

GUNTHER, C.J., and DELL and FARMER, JJ., concur.

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