Sierra v. State
This text of 956 So. 2d 1266 (Sierra v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
On Motion to Clarify or Correct Opinion
We grant the Motion to Clarify or Correct Opinion, withdraw our previously issued opinion and substitute the following in its place.
The petitioner seeks a writ of prohibition to prevent the lower court from proceeding with a criminal prosecution on the charge of felony driving while license suspended. The suspension stems from several unpaid civil driving infractions. The petitioner took advantage of the procedures outlined in section 318.14(10)(a), Florida Statutes, paid his fines and secured the reinstatement of his license prior to his arraignment on the felony charges. In accordance with Janos v. State, 763 So.2d 1094 (Fla. 4th DCA 1999), the trial court should have granted the petitioner’s motion to dismiss the felony charges, as the state concedes. Janos is directly on point and thus we grant the petition and remand the case to the trial court for proceedings consistent with Janos. We withhold issuance of a formal writ in full confidence the lower court will comply with the mandate of this Court and the holding of Janos.
Petition granted.
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Cite This Page — Counsel Stack
956 So. 2d 1266, 2007 Fla. App. LEXIS 8259, 2007 WL 1544141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sierra-v-state-fladistctapp-2007.