Hauss v. State

STONE, Judge.

In Hauss v. State, 574 So.2d 1141 (Fla. 4th DCA 1991), the appellant’s conviction and sentence for felony D.U.I. was reversed because Hauss’ three previous D.U.I. convictions were not alleged in the information. This result was mandated by State v. Rodriguez, 575 So.2d 1262, 1264 (Fla.1991).

In Hauss I, this court directed the trial court to “enter an adjudication of first offense D.U.I. and to resentence the defendant, accordingly.” On remand, however, *784the trial court failed to vacate the conviction and sentenced appellant to 12 months in jail and payment of a fine of $2,500.…