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STATE v. GOMEZ

No. 3D12-401.

103 So.3d 258 (2012)

The STATE of Florida, Appellant, v. Wanda GOMEZ, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jill D. Kramer , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Manuel Alvarez , Assistant Public Defender, for appellee.

Before WELLS, C.J., and LAGOA and EMAS, JJ.

WELLS, Chief Judge.

The State appeals a trial court's ruling granting defendant's motion to dismiss and, citing section 318.15, Florida Statutes (2011), reducing the charge of unlawful driving as a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2011), a third degree felony, to a second degree misdemeanor. We find State v. Wooden, 92 So.3d 886, 888 (Fla. 3d DCA 2012) determinative, and reverse...

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