State v. Gomez

WELLS, Chief Judge.

The State appeals a trial court’s ruling granting defendant’s motion to dismiss and, citing section 318.15, Florida Statutes (2011), reducing the charge of unlawful driving as a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2011), a third degree felony, to a second degree misdemeanor. We find State v. Wooden, 92 So.3d 886, 888 (Fla. 3d DCA 2012) determinative, and reverse on that basis.1 As we stated in Wooden:

The issue is whether the term “[flailing to comply with a civil penalty required in s. 318.15,” § 322.34(10)(a)3„ includes by…