Nagel v. State

ON REMAND FROM THE SUPREME COURT

DELL, J.

The supreme court quashed this court’s decision in Nagel v. State, 739 So.2d 1242 (Fla. 4th DCA 1999), and remanded for further proceedings in light of its opinion in Goodwin v. State, 751 So.2d 537 (Fla.1999). On remand, we reverse appellant’s conviction for driving under the influence (DUI).

Appellant was charged by information with possession of a schedule IV substance, Darvocet, and DUI, arising out of an incident that occurred on April 12,1998. Appellant pled not guilty to the charges and a three day trial commenced. At trial, the state presented…