Dejerez v. State, 580 So. 2d 656

PER CURIAM.

We 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).

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

ANSTEAD, WARNER and FARMER, JJ., concur.

Case Details

Case Name: Dejerez v. State

Court Name: District Court of Appeal of Florida

Date Published: May 29, 1991

Citations: 580 So. 2d 656; 1991 WL 86814; 90-2005

Docket Number: 90-2005

Court Abbreviation: Fla. Dist. Ct. App.