Opinion
CASE NO. 96-1082
Opinion filed March 5, 1997
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Joe A. Wild, Judge; L.T. Case No. 95-321-CF.
Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
On the record presented, the state erroneously filed a nolle prosequi of the driving under the influence charge. The judgment and sentence for driving under the influence are reversed.
FARMER, STEVENSON and GROSS, JJ., concur.