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STATE v. LAINEZ

No. 4D00-903.

771 So.2d 617 (2000)

STATE of Florida, Appellant, v. Juan M. LAINEZ, Appellee.

District Court of Appeal of Florida, Fourth District.

November 22, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellant.

Gregg S. Lerman, West Palm Beach, for appellee.

STONE, J.

We affirm, in part, an order granting Lainez's motion to dismiss for lack of jurisdiction.

Lainez was charged with felony DUI, pursuant to section 316.193, Florida Statutes, based on five prior DUI convictions. It is undisputed that his conviction of four counts of DUI serious bodily injury and one count of DUI arose from a single driving episode involving a single traffic accident.

Section 316.193(2)(b), Florida Statutes, provides that ...

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