Bryan v. State

District Court of Appeal of Florida

Bryan v. State

908 So. 2d 584, 2005 Fla. App. LEXIS 12535, 2005 WL 1922785

District Court of Appeal of Florida·Decided August 12, 2005·No. No. 5D02-1383·Published

Opinion

UPON REMAND FROM THE FLORIDA SUPREME COURT

THOMPSON, J.

The Florida Supreme Court quashed our decision in Bryan v. State, 862 So.2d 822 (Fla. 5th DCA 2003), and has remanded the case to this court. Bryan v. State, 905 So.2d 120 (Fla.2005). The supreme court’s rationale for its decision is explained in Thompson v. State, 887 So.2d 1260 (Fla.2004).

Accordingly, we reverse Bryan’s felony conviction and remand with directions to enter judgment and resentence him for misdemeanor driving while license was canceled, suspended, or revoked pursuant to section 322.34(2)(a), Florida Statutes (1999).

REVERSED and REMANDED with directions.

ORFINGER and MONACO, JJ., concur.

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UPON REMAND FROM THE FLORIDA SUPREME COURT

THOMPSON, J.

The Florida Supreme Court quashed our decision in Bryan v. State, 862 So.2d 822 (Fla. 5th DCA 2003), and has remanded the case to this court. Bryan v. State, 905 So.2d 120 (Fla.2005). The supreme court’s rationale for its decision is explained in Thompson v. State, 887 So.2d 1260 (Fla.2004).

Accordingly, we reverse Bryan’s felony conviction and remand with directions to enter judgment and resentence him for misdemeanor driving while license was canceled, suspended, or revoked pursuant to section 322.34(2)(a), Florida Statutes (1999).

REVERSED and REMANDED with directions.

ORFINGER and MONACO, JJ., concur.

Bryan v. State, 908 So. 2d 584, 2005 Fla. App. LEXIS 12535, 2005 WL 1922785 (Fla. Ct. App. 2005).

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Opinion

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