State v. Cantu

District Court of Appeal of Florida

State v. Cantu

17 So. 3d 1284, 2009 Fla. App. LEXIS 14706, 2009 WL 3151353

CourtDistrict Court of Appeal of Florida

DecidedOctober 2, 2009

Docket2D08-5541

StatusPublished

This text of 17 So. 3d 1284 (State v. Cantu) 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. Cantu, 17 So. 3d 1284, 2009 Fla. App. LEXIS 14706, 2009 WL 3151353 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

The State appeals the trial court’s order granting Angelica Cantu’s motion to dismiss an information charging her with habitually driving with a revoked license. The trial court dismissed the information because section 322.34(10), Florida Statutes (2008), makes the offense a misdemeanor when the current revocation results from the failure to pay specified financial obligations. This section, however, became effective on July 1, 2008. See ch. 2008-53, §§ 1, 3, Laws of Fla. Cantu’s alleged offense occurred on May 1, 2008. Accordingly, the new statute does not apply to this offense. See Deatherage v. State, 15 So.3d 775 (Fla. 2d DCA 2009). We reverse the order of dismissal, reinstate the information, and remand for further proceedings.

Reversed and remanded.

CASANUEVA, C.J., and ALTENBERND and WHATLEY, JJ„ Concur.

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PER CURIAM.

The State appeals the trial court’s order granting Angelica Cantu’s motion to dismiss an information charging her with habitually driving with a revoked license. The trial court dismissed the information because section 322.34(10), Florida Statutes (2008), makes the offense a misdemeanor when the current revocation results from the failure to pay specified financial obligations. This section, however, became effective on July 1, 2008. See ch. 2008-53, §§ 1, 3, Laws of Fla. Cantu’s alleged offense occurred on May 1, 2008. Accordingly, the new statute does not apply to this offense. See Deatherage v. State, 15 So.3d 775 (Fla. 2d DCA 2009). We reverse the order of dismissal, reinstate the information, and remand for further proceedings.

Reversed and remanded.

CASANUEVA, C.J., and ALTENBERND and WHATLEY, JJ„ Concur.

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Bluebook (online)

17 So. 3d 1284, 2009 Fla. App. LEXIS 14706, 2009 WL 3151353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cantu-fladistctapp-2009.

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