State v. Smith

PATTERSON, Judge.

The state appeals the dismissal of the charge against Smith for driving with a suspended driver’s license causing death or serious injury, pursuant to section 322.34(3), Florida Statutes (1991), a third-degree felony. In dismissing the charge, the trial court cited State v. Winters, 346 So.2d 991 (Fla.1977), and State v. Joyce, 361 So.2d 406 (Fla.1978), and found the statute to be unconstitutional. We agree that the statute unconstitutionally criminalizes simple negligence based on Winters and Joyce, and thus, we affirm the dismissal of the charge.

The state charged Smith with…