Opinion

State v. Bletcher

2000 Fla. App. LEXIS 10681 · District Court of Appeal of Florida · Aug 18, 2000

Full text

STATE of Florida v. Leander BLETCHER

THOMPSON, C.J. The state appeals the dismissal of the information against Leander Bletcher. Bletcher was charged by information with the felony of driving while his license was revoked pursuant to the habitual traffic offender statute. See § 322.34(5), Fla. Stat. (1997). The court dismissed the information and discharged Bletcher, ruling that because Bletcher had never been issued a license, there was no license that could have been revoked. We reverse. See Carroll v. State, 761 So.2d 417 (Fla. 2d DCA 2000)(holding that defendant may be convicted of violating section 322.34(5) even though he was never issued a driver’s license, where his driving privilege was revoked pursuant to the habitual traffic offender statute). REVERSED and REMANDED. W. SHARP1, and GRIFFIN, JJ., concur.

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Parentheticals

reversing trial court's dismissal of charge under section 322.34(5), citing Carroll
Crain v. State
reversing trial court’s dismissal of charge under section 322.34(5), citing Carroll
Crain v. State