Haluska v. State

615 So. 2d 219, 1993 Fla. App. LEXIS 2905, 1993 WL 55975

Opinion

PER CURIAM.

For the offense of driving while license suspended, the defendant was sentenced to 364 days in county jail under section 322.-34(1), Florida Statutes (1991). That offense is a second degree misdemeanor which, under section 775.082(4)(b), Florida Statutes (1991), is punishable by a term of imprisonment not to exceed 60 days. Neither the defendant’s list of prior convictions nor the guidelines scoresheet discloses a prior conviction for driving with a suspended license. In the absence of evidence of record showing this was a second offense, the sentence exceeds the statutory maximum for a first offense. Therefore that sentence is vacated and the cause remanded for a new sentence within the statutory maximum.

The.other issues on appeal are without merit and are affirmed.

SENTENCE VACATED; CAUSE REMANDED.

PETERSON and GRIFFIN, JJ., COWART, Judge, Retired, concur.