Legal Opinion

Crain v. State

District Court of Appeal of Florida

Decided January 24, 2012No. 1D10-2145PublishedCited by 9 opinions

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George William Crain appeals his conviction as a habitual traffic offender for *119driving “while his license was revoked.”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

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Perkins v. StateSupreme Court of Florida · 1991
  3. Earnest v. StateSupreme Court of Florida · 1977
  4. Ferguson v. StateSupreme Court of Florida · 1979
  5. Harris v. StateDistrict Court of Appeal of Florida · 1994

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State of Florida v. Daryl MillerSupreme Court of Florida · 2017
  2. Burgess v. StateDistrict Court of Appeal of Florida · 2016
  3. Monroe v. StateDistrict Court of Appeal of Florida · 2014
  4. State v. MillerDistrict Court of Appeal of Florida · 2016
  5. Alphonso Finney v. State of FloridaDistrict Court of Appeal of Florida · 2017

4 more not listed; retrieve them via the Exa API.

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