Dejerez v. State

Patricia DEJEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 29, 1991.

Rehearing and Clarification Denied June 27, 1991.

District Court of Appeal of Florida · decided 1991-05-29

Relies on Brooks v. State · 568 So. 2d 1 - Wilhelm v. State · Parrish v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-05-29

How this case has been cited

Cited by 15 later decisions — most recently July 2010

15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Richard L. Jorandby, Public Defender, and Nancy Perez, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We reverse and remand for a new trial on the authority of Wilhelm v. State,568 So.2d 1 (Fla. 1990) and Brooks v. State,577 So.2d 680 (Fla. 4th DCA 1991). We agree with appellant that driving under the influence and driving with an unlawful blood alcohol constitute alternative bases of the same statutory offense, and appellant can only be adjudicated for one offense. See Parrish v. State,561 So.2d 685 (Fla. 4th DCA 1990).

¶5We find no error in the trial court's evidentiary rulings and our reversal renders moot the issues raised concerning sentencing.

¶6ANSTEAD, WARNER and FARMER, JJ., concur.