State v. Bletcher, 763 So. 2d 1277 (Fla. 5th DCA 2000).
Search
State v. Bletcher, 763 So. 2d 1277 (Fla. 5th DCA 2000). Book View Copy Cite
⚠ Negative Treatment Receded From 1 negative ▼
STATE of Florida
v.
Leander BLETCHER
No. 5D99-3044.
District Court of Appeal of Florida, Fifth District.
Aug 18, 2000.
763 So. 2d 1277
Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellant., Robert A. Segal, of Golub & Segal, P.A., Melbourne, for Appellee.
Griffin, Sharp, Thompson.
Cited by 12 opinions  |  Published
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 Bletcher was charged by information with the felony of driving while his license was revoked pursuant to the habitual traffic offender statute.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discharged Bletcher, ruling that because Bletcher had never been issued a license, there was no license that could have been revoked.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of violating section 322.34(5) even though he was never issued a driver’s license, where his driving privilege was revoked pursuant to the habitual traffic offender statute).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. SHARP[1] , and GRIFFIN, JJ., concur.