Opinion
No. 91-1541.
May 28, 1992.
A Petition for Writ of Mandamus — Original Jurisdiction.
Robert A. Butterworth, Atty. Gen., Gypsy Bailey and Wendy S. Morris, Asst. Attys. Gen., Tallahassee, for appellant.
Nancy A. Daniels, Public Defender, Carol Ann Turner, Asst. Public Defender, Tallahassee, for appellees.
The state's petition for writ of mandamus is GRANTED. State v. Whitaker, 590 So.2d 1029 (Fla. 1st DCA 1991). The trial court is hereby directed to adjudicate respondent Wager guilty, in compliance with section 316.656(1), Florida Statutes, of driving under the influence of alcoholic beverages as proscribed by section 316.193(2)(b), Florida Statutes.
ERVIN and KAHN, JJ., concur.