Crain v. State
District Court of Appeal of Florida
1Opinion of the CourtBenton, C.J.
George William Crain appeals his conviction as a habitual traffic offender for *119driving “while his license was revoked.” He points out that he has never had a Florida driver’s license (or any other, as far as the record reveals). We reverse his felony conviction, but remand for entry of judgment for driving without a license, a lesser included misdemeanor.
On supplemental briefing,1 Mr. Crain argues that, because he never had a Florida driver’s license, his conviction for violating section 322.34(5), Florida Statutes (2009), constituted fundamental error.2 See F.B. v. State, 852 So.2d 226, 230…
Also in this document: Concurrence.
2Cases cited13 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Perkins v. StateSupreme Court of Florida · 1991
- Earnest v. StateSupreme Court of Florida · 1977
- Ferguson v. StateSupreme Court of Florida · 1979
- Harris v. StateDistrict Court of Appeal of Florida · 1994
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State of Florida v. Daryl MillerSupreme Court of Florida · 2017
- Burgess v. StateDistrict Court of Appeal of Florida · 2016
- Monroe v. StateDistrict Court of Appeal of Florida · 2014
- State v. MillerDistrict Court of Appeal of Florida · 2016
- Alphonso Finney v. State of FloridaDistrict Court of Appeal of Florida · 2017
4 more not listed; retrieve them via the Exa API.