Sapp v. State

District Court of Appeal of Florida

Sapp v. State

800 So. 2d 639, 2001 Fla. App. LEXIS 14640, 2001 WL 1231696

District Court of Appeal of Florida·Decided October 17, 2001·No. No. 1D00-2532·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellant challenges his felony conviction. The information alleged that Appellant drove when his license had been suspended or revoked on two prior occasions, in violation of section 322.34(2)(c), Florida Statutes (1999). Appellant claims the information was fundamentally flawed, and therefore the circuit court lacked jurisdiction over his case, citing Hues v. State, 771 So.2d 591 (Fla. 1st DCA 2000). However, unlike the defendant in Huss, Appellant here failed to challenge the information prior to his felony conviction, and accordingly waived any defect. See West v. State, 758 So.2d 1232 (Fla. 4th DCA 2000); Mesa v. State, 632 So.2d 1094 (Fla. 3d DCA 1994).

AFFIRMED.

BOOTH, KAHN and PADOVANO, JJ., CONCUR.

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PER CURIAM.

Appellant challenges his felony conviction. The information alleged that Appellant drove when his license had been suspended or revoked on two prior occasions, in violation of section 322.34(2)(c), Florida Statutes (1999). Appellant claims the information was fundamentally flawed, and therefore the circuit court lacked jurisdiction over his case, citing Hues v. State, 771 So.2d 591 (Fla. 1st DCA 2000). However, unlike the defendant in Huss, Appellant here failed to challenge the information prior to his felony conviction, and accordingly waived any defect. See West v. State, 758 So.2d 1232 (Fla. 4th DCA 2000); Mesa v. State, 632 So.2d 1094 (Fla. 3d DCA 1994).

AFFIRMED.

BOOTH, KAHN and PADOVANO, JJ., CONCUR.

Sapp v. State, 800 So. 2d 639, 2001 Fla. App. LEXIS 14640, 2001 WL 1231696 (Fla. Ct. App. 2001).

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Opinion

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