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State v. Farrall2/6/2002
The state seeks certiorari review of the trial court's order which in effect precludes it from proceeding under an alternative theory of DUI manslaughter. The theory at issue is driving with an unlawful blood alcohol level (UBAL).
We grant the petition based on the reasoning set forth in this court's recent decision in Dodge v. State, 26 Fla. L. Weekly D2875 (Fla. 4th DCA Dec. 6, 2001). The case is remanded for further proceedings consistent with Dodge.
KLEIN, TAYLOR and HAZOURI, JJ., concur.
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