State v. Bletcher

District Court of Appeal of Florida

State v. Bletcher

763 So. 2d 1277, 2000 Fla. App. LEXIS 10681, 2000 WL 1161919

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 2000

DocketNo. 5D99-3044

StatusPublished

Cited by12 cases

This text of 763 So. 2d 1277 (State v. Bletcher) 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.

Bluebook

State v. Bletcher, 763 So. 2d 1277, 2000 Fla. App. LEXIS 10681, 2000 WL 1161919 (Fla. Ct. App. 2000).

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Opinion

THOMPSON, C.J.

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 Bletcher was charged by information with the felony of driving while his license was revoked pursuant to the habitual traffic offender statute.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discharged Bletcher, ruling that because Bletcher had never been issued a license, there was no license that could have been revoked.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)(holding 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of violating section 322.34(5) even though he was never issued a driver’s license, where his driving privilege was revoked pursuant to the habitual traffic offender statute).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.

W. SHARP¹, and GRIFFIN, JJ., concur.

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THOMPSON, C.J.

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 Bletcher was charged by information with the felony of driving while his license was revoked pursuant to the habitual traffic offender statute.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discharged Bletcher, ruling that because Bletcher had never been issued a license, there was no license that could have been revoked.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)(holding 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of violating section 322.34(5) even though he was never issued a driver’s license, where his driving privilege was revoked pursuant to the habitual traffic offender statute).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.

W. SHARP¹, and GRIFFIN, JJ., concur.

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Bluebook (online)

763 So. 2d 1277, 2000 Fla. App. LEXIS 10681, 2000 WL 1161919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bletcher-fladistctapp-2000.

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