STATE OF FLORIDA, PETITIONER,
v.
GARY LEE CARTER AND THE HONORABLE RUSSELL A. COLE, JR., RESPONDENTS
STATE OF FLORIDA, PETITIONER,
GARY LEE CARTER AND THE HONORABLE RUSSELL A. COLE, JR., RESPONDENTS
601 So. 2d 1341
Florida District Court of Appeal, First District (1992)
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Griffith, 540 So. 2d 916 (Fla. 2d DCA 1989)
- State v. Whitaker, 590 So. 2d 1029 (Fla. 1st DCA 1991)
- State v. Carl Lester Wager and the Honorable Russell A. Cole, Jr., 599 So. 2d 267 (Fla. 1st DCA 1992)