State v. Bletcher, 5D99-3044.
| Decision Date | 18 August 2000 |
| Docket Number | No. 5D99-3044.,5D99-3044. |
| Citation | 763 So.2d 1277 |
| Parties | STATE of Florida, Appellant, v. Leander BLETCHER, Appellee. |
| Court | Florida District Court of Appeals |
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.
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 Bletcher was charged by information with the felony of driving while his license was revoked pursuant to the habitual traffic offender statute.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discharged Bletcher, ruling that because Bletcher had never been issued a license, there was no license that could have been revoked.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)
( 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of violating section 322.34(5) even though he was never issued a driver's license, where his driving privilege was revoked pursuant to the habitual traffic offender statute).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.
1. Without participation in oral argument.
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Burgess v. State, 2D14–4680.
...opinion, which further certifies conflict with Newton v. State, 898 So.2d 1133, 1134 (Fla. 4th DCA 2005), and State v. Bletcher, 763 So.2d 1277, 1278 (Fla. 5th DCA 2000), is substituted therefor. No further motions will be entertained. EN BANC SALARIO, Judge.Donald Burgess challenges his co......
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Crain v. State
...as a habitual traffic offender whose driver's license (driving privilege) had been revoked or suspended.” Id. See State v. Bletcher, 763 So.2d 1277, 1278 (Fla. 5th DCA 2000) (reversing trial court's dismissal of charge under section 322.34(5), citing Carroll ); see also Newton v. State, 898......
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State v. Miller, 3D15–628.
...v. State, 898 So.2d 1133, 1134 (Fla. 4th DCA 2005) (affirming a section 322.34(5) conviction, citing Carroll); State v. Bletcher, 763 So.2d 1277, 1278 (Fla. 5th DCA 2000) (citing Carroll to support reversal of an order dismissing a section 322.34(5) charge).Affirmed; conflict certified.1 Se......
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State v. Miller
...in Carroll v. State, 761 So.2d 417 (Fla. 2d DCA 2000) ; Newton v. State, 898 So.2d 1133 (Fla. 4th DCA 2005) ; and State v. Bletcher, 763 So.2d 1277 (Fla. 5th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we approve the Third District's deci......